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Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  NY.   i45ti0 

(716)  87  2-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  canadien  de  microreproductions  historiques 


■^WWff**^^^ 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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copy  which  may  be  bibliographically  unique, 
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qu'il  lui  a  ete  possible  de  se  procurer    Les  details 
de  cet  exemplaire  qui  sont  peut-etre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m6thode  normale  de  filmage 
sont  indiques  ci  dessous 


n 
n 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommagee 

Covers  restored  and/or  laminated/ 
Couverture  restauree  et/ou  pelliculee 


D 
D 


Coloured  pages/ 
Pages  ue  couleur 

Pages  damaged/ 
Pages  endcmmagees 

Pages  restored  and/or  laminated/ 
Pages  restaurees  et/ou  pelliculees 


T~>'  Cover  title  missing/ 

_JU    Le  titre  de  couverture  manque 

\ 

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Cartes  geographiques  en  couleur 


D 
D 
D 


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Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relie  avec  d'autres  documents 


D 
D 
D 
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Pages  decolorees,  tachetees  ou  piquees 

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Pages  detachees 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Qualite  inegale  de  (impression 

Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 


n 


n 


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along  interior  margin/ 

Lareliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int6rieure 

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II  se  peut  que  certaines  pages  blanches  ajout§es 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  ete  film^es. 


D 

D 


Only  edition  available/ 
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obtenir  la  meilleure  image  possible 


D 


Additional  comments:/ 
Commentaires  supplementaires. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filme  au  taux  de  reduction  indiqu6  ci-f<e'?30us. 

22X 


10X 


14X 


18X 


26X 


SOX 


12X 


16X 


20X 


i/ 


24  X 


28X 


32X 


ails 

du 

idifier 

une 

nage 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  Congress 
Photoduplication  Service 

The  images  appearing  here  are  the  best  quality 
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L'exemplaire  film6  fut  reproduit  grace  d  la 
g6n6rosit6  de: 

Library  of  Congress 
Photoduplication  Service 

Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  ut 
de  la  nettetd  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  co'  sr  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  film6s  en  commencant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derni6re  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commencant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derni6re  page  qui  comporte  une  telle 
empreinte 


The  last  recorded  frame  en  each  microfiche 
shall  contain  the  symbol  — ♦■  (meaning   'CON- 
TINUED"), or  the  symbol  V  (meaning   "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Un  des  symboles  suivants  apparaitra  sur  la 
derni6re  imoge  de  chaque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  SUIVRE ',  le 
symbole  V  signifie   "FIN  ". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  etre 
film6s  d  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  etre 
reproduit  en  un  seul  cliche,  il  est  film6  d  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  S  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n6cessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


rrata 
:o 


pelure, 

n  a 


n 


32X 


;•    ■■* 

:       2   ; 

3 

1 

2 

3 

4 

5 

6 

— 

^1 

»  ^^a/rij 

;;v**^ 

THE 

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f 

R 

I 

G 

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T 

S 

OF 

THE 

.^'■s^ 

Britijb  Colonies 

Afferted  and  proved. 


1 

Hi 


'i 


By  James  Otis,  ^; 


Hsc  mm  regh  et  celfi plagu  pnta  mntts 
Cedat  amicilit  Teucrorum  :  et  f<tderts  ^quas 
'Dicamus  leges,  foci6fque  in  regna  vocemus 
Confidant,  fi  tantus  amor^el  mania  condant. 


ViRO. 


X^^v-. "-'^ 


■^NCoF-'STrrrV^^x^^-y 


Printed  and  Sold  by  Edes  and  Gill,  in  Queen-Street. 

M,DCC,LXIV. 


V  \  *v . 


I         \ 


office 


t 


1 


irS>. 


Introduftion. 


Of  the  Origin  of  Government, 


THE  origin  of  government  has  in  all  ages  no  lefs 
perplexed  the  heads  of  lawyers  and  politicians, 
than  the  origin  of  evil  has  embarrafled  divines  and 
philofophers  :    And 'tis  probable  the  world  ^may 
receive  a  fatisfaaory  folution  on  l^oth  thofe  points  of  en- 
quiry at  the  fame  time. 

The  various  opinions  on  the  origin  of  government  have 
been  reduced  to  four.  i.  That  dominion  is  founded  m 
Grace.  2.  On  force  or  meer  power.  3.  On  cowJ)»if. 
4.  On  property. 

The  firtt  of  thefe  opinions  is  fo  abfurd,  and  the  wond 
has  paid  fo  very  dear  for  embracing  it,  efpecially  under 
the  adminiftration  of  the  reman  pontiffs,  that  mankind 
feem  at  this  day  to  be  in  a  great  meafure  cured  of  their 
madnefs  in  this  particular ;  and  the  notion  is  pretty  gene- 
rally exploded,  and  hifs'd  off  the  itagp. 

To  thofe  who  lay  the  foundation  of  government  in 
force  and  meer  brutal  power,  it  is  objefted  ;  that,  their 
fyftem  dcttroys  all  dininftion  between  right  and  wrong  j 
that  it  overturns  all  morality,  and  leaves  it  to  every  man 
.  to  do  what  is  right  in  his  own  eyes;  that  it  leads direaiy 
xofcepiicifm,  and  ends  w  atheifm.  When  a  ipan's  will 
and  pleafure  is  his  only  rule  and  guide,  what  fafety  can 
there  be  either  for  him  or  againft  him,  bat  in  the  point  ot 
•a  fword  ?  .  Onr 


»^ 


[     4     ] 


» 


On  the  other  hand  the  gentlemen  In  favor  of  the 
original  compaSi  have  been  often  told  that  thtir  fyftein  is 
chinticrical  and  uan!|U)orud  by  JteaXoa  or  expcrieacc 
Queftions  like  wie  following  have  been  frequently  aflced 
them,  and  maybe  again. 

*'  When  and  where  was  the  original  compaft  for  intro- 
ducing government  into  any   fociety,  or  tor  creating  a 
fociety,  made  ?    Who  were   preicni  and  parties  to  fuch 
compaft  ?  Who  afted  for  infants  and  women,  or  who  ap- 
pointed guardians  for  them  ?  Had  thefe  guardians  powcrto 
bind  both  infants  and  women  during  life.and  their  poftcrity 
after  them  ?  Is  it  in  nature  or  rea (on  that  aguardian  ftioiild  by 
hisowna<El  ^lerpetuate  his  power  ov^er  his  ward, and  bind  him 
and  his  poftcrlty  in  chains  ?  Is  not  every  man  born  as  free 
by  nature  as  his  father  ?  Has  he  not  the  fam^  natural  right 
to  think  and  aft  and  contra£t  for  himfelt  ?  Is  it  pofTible  for 
id  mail  to  have  a  natural-right  to  n\ake  a  fleve  of  himfelf 
■©r  of  his   poftcrity  ?  Can  a  father  fuperfede  the  lav/j  of 
nature  ?  What  man  is  or  ever  was  born  free,  if  every  man 
Is  not  ?  What  wiH  there  be  to  diftinguifh  the  next  gene- 
TFacion  of  men  from  their  forefathers,  that  they  (hould  not 
have  the  fame  right  to  make  original  compafts  as  their  an- 
ceftors  had  ?  If  every  msYi  ha»  fuch  righ:,  may  there  not 
be  as  many  original  compafts  as  thf'^  a  c  men  and  women 
•born  or  to  be  born  ?  Arc  not  women  born  as  free  as  men  ? 
Would  it  not  be  infamous  to  afTert  that  the  ladies  are  all 
■flaves  by  nature  ?  If  every  man  and  woman  born  or  to  be 
born  has,  and  will  have,  a  ri^^ht  to  be  confutted,  and  mu(t 
accede  to  the  original  com  pa  ft  before  they  can  with  any 
kind  of  jullicc  ^  fiid  to  be  bound  by  it,   will  not  tne 
compaftbe  ever  forming  and  never  finifticd,  ever  making 
but  never  done  ?  Gan  it  with  propriety  be  called  a  compaft 
toriginal  or  derivative,  that  is  ever  in  treaty  but   never 
concluded  ?'* 

When  it  has  b*en  ftid  that  eath  man  is  boimd  as  foon 
as  he  accedes,  aml-tl>at  4he  <;onrent  may  be  either  exprels 
or  tack,  k  has  been  alked,  "  What  is  a  tacit  confent  or 
'compaft  ?  Does  k  not  appear  plain  that  thofe  who  refufe 
their  aflenc  eta  not  -b*  bound  ?   K"  one  is  ^  liberty  to 

"  accede 


in  favor  of  the 
at  thtir  fyftein  is 
I  or  expcrjgncc. 
frequently  aflced 


Qmpaft  for  intro- 
)r  tor  creating  a 
\  parties  to  fuch 
imen,  or  who  ap- 
;uardians  power-to 
>nd  their  pofterity 
5Uardian  Hiouldby 
vard.and  bind  him 

man  born  as  free 
hmc.  natural  righc 
?  Is  it  pofTible  for 

flave  of  himfelf 
rfede  the  lav/$  of 
free,  if  every  man 
fh  the  next  gene- 
w  they  (hould  not 
npa£b  as  their  an- 
b:,  may  there  not 
c  men  and  women 
rn  as  free  as  men  ? 
the  ladies  are  all 
man  born  or  to  be 
onfkdted,  and  mn(l 
hey  can  with  any 
r  it,  will  not  tne 
bed,  ever  makin?, 
e  called  a  compaft 
{reaty  but   never 

»  is  bound  as  foon 
r  be  either  expreft 
J  a  tacit  confent  or 
t  thofe  who  refufe 
e  is  jfi.  liberty  to 
acgedp 


[    s    ] 

accede  or  not,  isjic  not  alfo  at  liberty  to  recede  on  the 
difcovery  of  fome  intolerable  fraud  and  abufe  that  ha« 
been  palm'd  upon  him  by  the  reft  of  the  high  contra«f^ing 
parties  ?  Will  not  natural  e^iuity  in  fever^l  fpccial  cafes 
rcfcind  the  original  compafts  o(  great  men  as  effeaHaly 
asthofc  of  little  men  arc  rendered  null  and  void  in  the 
ordinary  courfc  of  a  court  of  chancery  ■*" 

There  arc  other  queft'ons  which  have  been  flarfed.and 
a  rcfolution  of  then  demanded,   which  may    perhaps  he 
deemed  indecent  by  thufc  who  hold  the  prerogatives  of  an 
earthly  monarch,  and  even  the  jiower  of  a  plantation  go- 
vernment, fo  facred  us  tu  think  it  little  lefs  than  bja.'phe- 
my  to  enquire  into  their  origin  and  foundation  :  while  the 
government  of  the  fuprcmc  ruler  of  the  imiverfe  is  every 
dqy  difcuflcd   with    Icis  ceremony  and  ilecency  than   the 
adminiftration  of  a  ptttyGerman  prince.    1  hope  the  reader  - 
will  conddcr  tliat  1  nm  at  prcfent   only    mentioning  fuch 
qn^ftipns  as  have  been  put  by  high-^ycrs  &  others  in  church 
;^nd  ftute,  who  would  exclude  all  compadt  between  a  Sove- 
reign and  his  people,  withput  offering  my  own  fentimcnts 
upon  them  ;  this  however  1  prclume  I  may  be  allowed 
luTeafter  to  do  without  offence.     Thole  who  want  a  full 
anfwcr  to  them  may  confuli   Mr.  Locke's  difcuurfes  on 
government,  M.  De  Vatiei's  law   of  nature  snd  nations, 
and  their  own  coolcicnces, 

<•  What  ftatc  were  Great-  Britain.  Ireland  and  the  Plan- 
tations  left  in  by  the  abdication  of  James  II  ?  Was  it  a 
(late  of  nature  or  of  civil  government  ^  If  a  Hare  <.*■' 
civil  government,  where  were  the  fupremc  Icgidarive  and^ 
executive  powers  from  the  abdication  tc  the  c!c£t;un  nt 
William  and  Mary  ?  Could  the  Lords  and  Comii«.r,s  Lc 
.called  a  complete  parliament  or  fupreine  power  wiil.o.u  » 
king  to  heil  ilvra  ?  Did  any  law  ol"  the  Innd  or  ji-.y 
original  compa^. previous  to  the* abdication  j-rovkle,  il.r.t  on 
fuch  an  event,  the  fupreme  power  Ihould  devolve  on  rii/? 
two  houfes  i*  Were  not  both  houfes  fb  manifeltly  piir/lrd 
with  the  novelty  and  ftrangencfs  of  the  event,  and  f  >  far 
from  finding  any  aft  of  parliament,  boolc-cafe.  or  piccc- 
dent  to  help  them,  that  they  difputed  in  folemn  confn- 
rcpce  by  what  nntnc  to  call  the  aftion,  and  at  iuil  g^\f  it 

one. 


-"m^ssimtsss- 


[  <  ] 

one,  as  new  in  our  language  and  in  that  of  parliament  as 
the  ching  iifelf  was  in  faft  ? "  t 

If  on  this  memorable  and  very  happy  event  the  three 
kingdom»«nd  the  dominions  fell  back  into  a  ftate  of  na- 
ture, it  will  be  afkcd,  "  Whether  every  man  and  woman 
were  not  then  equal  ?  If  ^o>  had  not  every  one  of  them 
2  natural  and  equitable  right  to  be  confulted  in  the  choice 
of  a  nesv  king,  or  in  the  formation  of  a  new  original  com- 
paft  or  government,  if  any  new  form  had  been  made  ? 
Mi"ht  not  the  nation  at  that  time  have  rightfully  changed 
thc^mnnarchy  into  a  republic  or  any  form,  that  might 
fcem  bert  ?  Could  any  change  from  a  ftate  of  nature  lake 
place  without  univerfal  confent,  or  at   leaft  withowt   the 
confcnt  of  the  majarity  of  the  individuals  ?    Upon  the 
principles  of  the  original  coinpaft  as  commonly  explained 
and  underflood,  could  a  i'cw  hundred  men   who  before 
the  dinblution  of  the  government  had  been  called,  and  in 
faftwcre,  lords,  knights  and   gentlemen,  have  lawfully 
made  that  glorious  deliverer  and  defender  W.  3.  rightful 
king"  ?  Such  an  one  he  certainly  was,  and  fuch  have  been 
all  his  illuftrious  fucceffors  to  the  prefent  happy  times; 
when  wc   have  the  joy   to    fee  the   fceptre  fway'd    in 
juaice,  wifdora    and    mercy,    by  our   lawful   Sovereign 
George  the  '1  bird';  a  prince  who  glories  in  being  a  Bnton 
born,  and  whom  may  God  long  preferve  and  proiijcr. 

"  If  upon  the  abdication  all  were  reduced  to  a  ftate  ot 
nature,  had  not  apple  women  and  orange  girls  as  good  a 
right  to  give  their  refpeaable  fuffrages  for  a  new  kiag  as 
thfe  philofopher.  courtier,  petit  maitre  and  politician  ? 
Were  thele  and  ten  millions  of  others  fuch  ever  more  con- 
fulted  on  that  occafion.  than  the  multitude  now  arc  in  the 
afiiuflment  of  that  real  modern  farce,  an  eleftion  ot  a  king 
of  the  Romans ;  which  fervcs  as  a  contraft  to  the  grandeu^ 
vi  ilie  antient   republics, .  am!  (l)ows  the  lutlenefs  of  the 

inouern 

t  cm  King  lamci's  leaving  the  ktn2dom  !.nd  akJkatwgxU  govcromcnt, 
ibc  Iord5wou'd  b»vc  U.C  word  „V>-/..«  made  ufe  of,  bui  the  com- 
,-.)o..s  tLougbi  it  was  not  coti.prcUr.li«e  enough,  for  thn  llie  King 
,„irhi  th.  r,  h.ivc  liberty  of  returning .  The  Scots  r.glvly  called  tt  » 
iorteituic  of  the  crowrv.&  this  in  p'«in  engl^lh  is  th«  fenfc  of  the  lerni 
,Mf,"'"«t>v  ihc  con.eotion  and  every  pjvliament  lince  app.icd. 
.vgc  il.c  .'..llury'-uddcuattj  of  ihc  ceaTCuiion.   and   the  afts  then 


of  parliament  as 

r  event  the  three 
to  a  ftate  of  na- 

man  and  woman 
ry  one  of  them 
ed  in  the  choice 
lew  original  com- 
lad  been  made  ? 
ghtfully  changed 
brm,  that  might 
te  of  nature  take 
ead  withoMt  the 
lals  ?  Upon  the 
monly  explained 
men  who  before 
en  called,  and  in 
\,  have  lawfully 
er  W.  3.  rightful 
d  fuch  have  been 
nt  h»ppy  times; 
ceptre  fway'd  in 
lawful   Sovereign 

in  being  a  Briton 

and  pro|i)cr. 
duced  to  a  ftate  of 
e  girls  as  good  a 
for  d  new  king  as 
;  and  politician  ? 
:h  ever  more  con- 
ic now  arc  in  the 
eleftion  of  a  king 
ift  to  the  grandeuf 
le  littlenefs  of  the 
modern 

:atwg  the  govern  mCDti 
I  life  of,  bui  the  com' 
ih,  for  that  llie  KJng 
cots  rightly  ca'Icd  it  « 
s  th«  fenfc  of  the  term 
;tliament  lines  applied. 
I,   aod   the  a£U  then 


[     7     ] 

modern  German  and  fome  other  gothlc  conftitutions  in  their 
prefcnt  degenerate  fla  c  ? 

"  In  the  elccVionof  W.  3,  were  the  votes  of  Ireland  and 
the  plantations  ever  ciWcd  for  or  once  tho't  of  till  the 
affair  was  fettled  ?  Did  the  lords  and  commons  who  hap- 
pened to  be  then  in  and  about  Weftminfter  rcprcfcnt,  and 
aft,  for  the  individuals,  not  only  of  the  three  kingdoms, 
but  for  all  the  freeborn  and  as  yet  unconqnerei  toffejfort 
and  proprietors    of  their   own    money-tur chafed^     blood- 
purchafed  plantations,     whfth,  till  lately^    have  been  de- 
fended with  little  or   no  a£ijlanee  from  Great-Britain '" 
Were  not  thofis  who  did  not  vote  in  or  for  the  new  model 
at  liberty  upon  the  principles  of  the  compaft  to  remain  in 
what  fome  call  the  delegable  flate  of  nature,  to  which  by 
the  hypothefis  they  were  reduced,  or  to  join  themfclves 
to  any  other  ftate,  whofe  folemn  league  and  covenant  they 
could  fublcribe  ?  Is  it  not  a  firft  principle  of  the  original 
compA,  that  all  who  are  bound  fhould  bind  them/elves  f 
Will  not  common  fenfc  without  much  learning  or   ftudy 
diftatc  obvious  anfwers   to  all  the  above  queftions  ?— 
and,  fty  theoppofers  of  the  original  compaft  and  of  the 
natural  equality   and  liberty  of  mankind,  will  not  tho(e 
anfwers  infallibly  (how  that  the  doftrine  is  a  piece  of  me- 
taphyseal \Avgon  and  fyjlematical  non fenfc  "?  Perhaps  not. 
With  regard  to  the  fourth  opinion,  liiat   dominion  is 
founhed  in  property,  what  is  it  but  playing  with   words  ? 
Dominion  in  one  fenfc  of  the  term   is  fynonimous  with 
property,  fc  one  cannot  be  called   the  foundation  of  the 
other,  but  as  one  name  may  appear  to  be  the  foundation 
or  caufe  of  another. 

property  cannot  be  the  foundation  of  dominion  as  fy- 
nonimous with  government ;  for  on  the  fuppofition  that 
property  has  a  jjrecarious  cxiftence  antecedent  to  govern- 
ment, and  tho'  it  is  alfo  admitted  rhat  the  lecurity  of 
property  is  one  end  of  government,  but  'hat  of  little 
eflimation  even  in  the  view  of  a  mifer  wi\en  life  and 
liberty  of  locomotion  and  further  accumulation  are  pUced 
in  competition,  it  muft  be  a  very  abfurd  way  of  fpeaking 
to  aflert  that  one  end  of  government  is  the  foundation  of 
government.  If  the  ends  of  government  are  to  be  confi- 
dered  as  its  foundation/it  cannot  with  truth  or  propriety  be 

faid 


ij 


Mia»"r;-i;rWT'-^rTiiii»i 


laniif'iitr*^*'  - 


^^^ 


[    8    ] 

fa'ul  that  f,ov<?rnmrnf  'u  frtunde<l  on  any  one  of  thofc  ends  ; 
and  therefore  government  iii  not  founded  on  oropcrty  or 
its  fccurity  ahne.  but  at  Icaft  on  (bnicthing  clfc  in  con- 
jiinftion.     It  is  however  true  infa£l  and  experience^  as  the 
great,  the  incomparable  Harrington  has  mod  abundantly 
dcmnnftratc<!  in   his  Oceana,  and  other  divine  writinftS. 
thatEmpirc  follows  the  balance  o\' property  :  'Tls  alfo  cer- 
tain that /ro/^f'-/;'  in  faft  generally  fow/ir/ power,   tho' the 
poffclTor  i)f  it  may  not  have  much  more  wit  than  a  mole  or 
a  mufqinfl-. :  And  this  is  too  often  the  caufe,  that  riches 
are  fought  after,  without  the  leaft  concern  about  the  right 
application  of  them.     But  is  the  fault  in  the  riches,  or  the 
general  law  of  nature,  or  the  unworthy  poflefTor  ?  It  will 
never  follow  from  all  this,  that  government  is   rightfully 
founded  on  property,  alone.     What  fhall  we  fay  then  .'  Is 
not  government  founded  on  grace*  No.  Nor  ok\  forced  No. 
Nor  on  compaB  f  Nor  property  f  Not  altogether  on  either. 
Has  it  any  folid  foundation  ?  any  chief  corner  ftond,  but 
v»hat  accident,  chance  or  confufion  may  lay  one  moment 
and  deftroy  the  next  ?  1  think  it  has  an  evtrlafting  foun- 
d'niori  ia  the  unchangeable  will  tf  God,  the  author  of 
iiature,  whofe  laws'  never  vary.     The  fame  omnifcieDt, 
omnipotent,  infinitely  good  and  gracious  Creator  of  the 
univeffc,  who  has  been  plcafed  to  make  it  necefTary  that 
what  we  call  matter  fhould  ^i?rfl?v/fl/?,for  the  celeftial  bodies 
to  roll  round  their   axes,    dance  their  orbits  and  perform 
their  various  revolutions  in  that  beautiful  order  and  concert, 
which  we  all  admire,  has  made  it  equally  necefla«y  that 
fi'6rn\/</^a;;»  and  Eve  to  thfcfc  degenerate  days,  the  differ- 
cot  fexes  ftiould  fweetly  atlrail  each  other,  form  focicties 
of  fmgk  families,  of  which  larger  bodies  and  commuriitics 
are  as  naturally,  mechanically,  and   ncceflarily  combined, 
as  the  dew  of  Heaven  and  the  (oft  diftiUing  rain  is  col- 
ledcd  by  the  all  enliv'ning  heat  of  the  fun.     Government 
is  therefore  moft  evidently  founded   on  the  neceffities^  of 
out    naturi.      It  is     by    no  means  an  arbitrary  thing, 
de^eiiding  merely  on  compad  or  human  will  for  its  exi- 

fttntici.  ,  ,  r        J  -ri  r 

We  come  into  the  wrorld  forlorn  and  helplefs  ;  and  it  lett 
alone  and  to  ourfel\^cs  at  any  one  period  of  our  lives,  we 
fliould  foon  die  iii  want.defpVir  or  dctlratTion.  So  kind  is  that 

hand. 


o)\e  of  thofe  ends  ; 

fd  on  property  OT 

thing  clfc   in  con- 

experience^  as  the 

I  moft  abundantly 
;r  divine  writinj^3. 
'rty  :  'Tis  alfo  ccr* 
T/  power,   tho'  the 

wit  ihan  a  mole  or 
caufe,  that  riches 
ern  about  the  right 
n  the  riches,  or  the 
yr  ponefTor  ?  It  will 
ment   is   r'lgblfully 

II  we  fay  then  ?  Is 
Nor  oy\  forced  No. 

iltogeiher  on  either. 
f  corner  ftond,  but 
^  lay  one  moment 
m  evtrlafting  foun- 
OD,  the  author  of 
c  fame  omnifcieot, 
lUB  Creator  of  the 
{c  it  neceflary  that 
r  the  celeftial  bodies 
orbits  and  perform 
il  order  and  concert, 
tally  necefla'y  that 
ate  days,  the  diff*er- 
>ther,  form  focietics 
es  and  communities 
cceflarily  combined, 
iftiUing  rain  is  col- 
:  fun.  Government 
m  the  necefpties  of 
an  arbitrary  thing. 
lan  will  for  its  exi- 

helplefs  ;  and  if  left 

od  of  our  lives,  we 

aion.  JSo  kind  is  that 

baud. 


[     9     1 

hand,  tho'  little  known  or  regarded,  which  feed,  the  rich 
and  the  por,  the  blind  and  the  naked  ;  and  Pf-vdcs  for 
the  fafety  of  infants  by  the  principle  of  pare-tal  love  and 
for  that  of  men  by  Government  !  We  have  a  Kmg 
who  neither  numbers  nor  (Iccps.  but  eternally  watches  for 
our  good  ;  whofc  rain  falls  on  the  jull  and  on  the  unjult : 
vrt  while  they  live,  move,  and  have  their  bcmg  m  hini, 
and  cannot  account  for  either,  or  for  any  thmg  el(e,  lo 
Itupid  and  wicked  aro  fome  men,  as  to  deny  his  cxittence, 
blafphemc  his  molt  evident  government,  and  d.lgrace  their 

"T«   no  Man  think  I  am  about  to  commence  advocate 
for  defpotifm,  becaufe  I  affirm  that  government  is  founded 
on  the  nccefnty  of  our  natures ;  and  that  an  or.fi.nal    u- 
preme  Sovereign,  abfolute.    and    uncontroulable,  earthly 
power  mujl  exift  in  a.id  prcfide  over  every  loc.ety  ;  from 
whofe  final  dccifions  there  can  be   no  appeal   but  direftly 
to  Heaven.     It  is  therefore  originally  and  ultimately  m 
the  people.     1  fay  this  fupreme  abfolute  power  i-  .r,gi^ 
nally  and  ultimately  in  the  people  ;  and  they  never  d.d  m 
Ud freely,  nor  can  they  rightfully  make  an  abfolute.  un- 
limited renunciation  of  this  divine  right.f    It  is  ever  m  the 
nature  of  the  thing  given  m  trufl,  and  on  a  condition,  the 
performance  of  which  no  mortal  can  difpence  with ;  namely, 
that  the  perfbn  or  perfons  on  whoni  the  fovereignty  is  con- 
fer'd  by  the  people,   fliall  incejfantly  confult  ;/;«r  good. 
Tyranny  of  all  kinds  is  to  be  abhor'd.  whether  ii  be  in  the 
hands  of  one,  or  of  the  few,  or  of  the  many.— And  tho 
«•  in  the  lafl  age  u  generation  of  men  fpning  up  that  would 
flatter  Princes  with  an  opinion  that  they  have  a  dtvine  right 
to  abfolute  power"  ;  yet  "  flavery  is  fo  vile  and  m.leraolc 
an  ellate  of  man.  and  fo  direftly  oppofite  to  the  gewerous 
temper  jnd  courage  of  our  nation,  that  'tis  hard  lo  be  con- 
ceivt'd  that  an  engUflman,  much  lcl«  a  ge>uler,ian    fhou.d 
nlead  for  it  :"*    Efpecially  at    a  time   when    the  tmcJt 
»     '  y  writers 

t  The  power  of  GOD  almighty  is  the  only  power  that  can  properly  ,r.d 
ftriflly  be  called  fupre.ne  and  abfolure.  Tn  .!,e  order  ©f  ntcure 
immcdiaelv  onc^er  him.  comes  ihc  power  of  a  limpic  dc^'cy  or 
the  p.  ■  r  of  ihe  whole  over  the  who'e.  SuSorHi.utc  to  both  ti.e(.% 
8^.  hrr  political  powers,  fioui  ilwt  of  ti-c  Ficnch  Mo.i..fquc,    lo 

liable. 
Mr,  Locke. 


ill 


% 


kmmAKW 


[ 


lO 


] 


writers  of  the  moft  polite  nations  on  the  continent  of 
Eureoe,  are  enraptured  with  the  beauties  of  the  civil  con- 
flitution  of  Great'Brttcn  ;  and  envy  her,  no  Icfs  for  the 
freedo'n  of  her  fons,  than  for  her  immenfe  wealth  and 
military  glory. 

But  let  the  or/^/«  of  government  be  placed  where  it 
may,  the  end  of  it  is  nianifeftly  the  good  of  tie  whole. 
Salus  populi  fupren.a  lex  eflo^  is  of  the  law  of  nature, 
and  part  of  that  grand  charter  given  the  human  race,  (tho' 
too  many  of  them  are  afraid  to  alfcrt  it,)  by  the  only 
monarch  in  the  univerfe,  who  has  a  clear  and  indifputabic 
right  to  abfolute  power ;  bccaufe  he  is  the  only  One  who 
is  omnifcient  as  well  as  omnipotent. 

It  is  evidently  contrary  to  the  firft  principles  of  rea(on, 
that  fupreme  unlimited  power  (hoiild  be  in  the  hands  of 
<>/»«•  man.  li  is  the  greateft  "  idolat!y,\izgoiitnhyfla*tiry, 
on  the  body  of  pride''*,  that  coiWd  induce  one  to  ihitik  that 
a  finale  wor/a/ fhould  be  able  to  hold  fo  great  a  power, 
if  ever  (^o  well  inclined.  Hence  the  origin  of  deifying 
princes  :  It  was  irom  the  trick  of  gulling  the  vulgar  into 
a  belief  that  their  tyrants  were  omnifc'ent  ;  and  that  it 
was  therefcre  right,  that  they  fliorM  be  confidered  as  flw- 
nipoteni.  Hence  the  7)f  ^n -jorum  et  winorum  gentium  ; 
the  great,  the  monarchical,  the  little,  Provincial  fubordi- 
natc  and  fubaltern  gods,  demi-gods,  and  femidemi-gods, 
ancient  and  nrodern.  Thus  deities  of  all  kinds  were  mul- 
tiplied and  increafed  in  abundance  ;  for  every  devil  incarnate, 
who  could  enfhve  a  people,  acquired  a  title  to  divinity  ; 
and  thtis  the  "  rabble  of  the  Ikies"  was  made  up  of  locufts 
and  catterpillars  ;  lions,  tygers  and  harpies ;  and  ether  dc- 
vourers  tranflated  from  plaguing  the  earth  !  *• 

The  end  of  government  bring  the  Qood  of  mankind, 
points  out  its  great  duties :  It  is  above  all  things  to  provide 
for  cIm;  fecurity,  the  quier,  and  happy'  enjoyment  of  life, 
liberty,  and  property.  There  is  Jio  one  aft  which  a  g( 
vernment  cin  have  a  ^ight  to  make,  that  does  not  tend  to 
the  advancement  of  the  fecurity,  tranqui''  v  and  profper'uy 
of  the  people.  If  life,  liberty  and  ;irc  ^  y  could  be  en- 
joyed 

•  Fvingcraft  ind  Pr icrtcraft  h»vc  fell  out  To  oft".  ^^"  '"«  a  wonder  thii 
gram)  ani  ancirr.t  alliance  is  rot  broken  oiT  for  ^ver.  Hapf  j  ior 
Riankkd  will  it  be-,  when  fuch  it  rcparaiioa  lliall  take  piice. 


J" 
w 

o 

ir 

o' 

•i 

e: 
c 
r( 

0 

n 

0 

t( 

c 
< 

Q 
C 

1 

a 
a 
\ 
i 
1 


r  II 


] 


the  continent  of 
s  of  the  civil  con- 
ler,  no  Icfs  for  the 
nenfe  wealth  and 

placed  where  it 
pod  of  the  whole. 
le  law  of  nature, 
human  race,  (tho' 

it,)  by  the  only 
)r  and  indifputable 
he  only  One  who 

incipleu  of  reafon, 
e  in  the  hands  of 
^gotten  hyfla^tiry, 
'.  one  to  thitik  that 
fo  great  a  power, 
origin  of  deifying 
ig  the  vulgar  into 
'ent  ;  and  that  it 
confidered  as  ow- 
iinorum  gentium  ; 
'rovincial  fubordi- 
nd  femidemi-gods, 
II  kinds  were  mul- 
ery  devil  incarnate, 
» title  to  divinity  ; 
made  up  of  locufts 
ies ;  and  ciher  dc- 
th  !  *• 

100(1  of  mankind, 
I  things  to  provide 
enjoyment  of  life, 
c  a&.  which  a  g( 
t  does  not  tend  to 
**iy  and  prorperiiy 
zi  y  could  be  en- 
joyed 

ihat  'tis  a  wonder  this 
for  -vcr.  Hapf  J  ior 
I  take  p'aee. 


joyed  in  as  great  perfe^ion  mfolitud.',  as  in  fsciety,  there 
would  be  no  need  of  government.  But  the  cxpei.ence 
of  ages  has  proved  that  luch  is  the  nature  of  man.  a  weak, 
imperfeft  being  ;  that  the  valuable  ends  of  life  cannot  be 
obtaineu.without  the  union  and  alTiftancc  ot  inany.  Hence 
'tis  clear  that  men  cannot  live  apart  or  mdepenrJent  ot 
each  other :  In  folitudc  men  would  perilh  ;  and  yet  they 
cannot  live  together  without  contefts.  Thele  contetts 
require  fome  arbitrator  to  determine  tliem.  The  nectflity 
of  a  common,  indifferent  and  impartial  judge,  makes  all 
men  (bek  one  ;  tho'  few  fiinl  him  in  the /over eign  power, 
of  their  refpe6fivc  ftates  or  any  where  elfe  \n  Jubordtnation 

to  it.  , 

Government  is  founded  immediately  on  »he  ne- 
cefllties  of  hum:n  nature,  and  ultimately  on  the  will  ot 
God,  the  author  of  nature  ;  who  has  not  left  it  to  men  m 
general  to  choolh,  whether  they  will  be  members  of  lociety 
or  not,  but  at  the  hazard  of  their  fenfes  if  not  of  their  hves. 
Vet  it  is  left  to  tvery  man  as  he  comes  of  age  tochufc 
ivhatfociety  he  will  continue  to  belong  to.  Nay  if  one  has 
a  mind  to  turn  HermU,  and  rftcrhe  has  been  born,  nurled; 
and  brought  up  in  the  arms  of  fociety.  and  acquired  the  ha- 
bits and  palfions  of  focial  life,  is  willing  to  run  the  nJque  ot 
iUrving  alone,  which  is  generally  mod  unavoidable  in  a 
ftate  of"  hermitage,  who  (hall  hinder  him?  I  know  ot  no 
human  law,  founded  on  the  law  of  nature,  to  reltrain  him 
from  (bparatinghi.nfelf  from  all  the  fpecies,  if  he  can  hud 
it  in  his  heart  to  leave  tli^m  ;  unlcfs  it  fiiould  he  (aid.  it  u 
againft  ihegrpnt  law  o? felfprefervation  :  But  ot  this  every 
man  will  think  himfolf /?m  ovn  judge. 

The  few  Hermits  and  Mijanthrepes  that  have  ever  ex- 
ifted,  Ihow  that  thole  dates  4»e  uitnaturai  It  we  were  to 
take  out  from  them,  thole  who  have  made  great  ivorlJly 
gain  of  their  gsdly  hermitage,  and  ihofc  who  have  been 
under  the  madneik  of  enthuftam,  or  difippoirtted  hopes  in 
their  ambitious  projeft^  for  the  detriment  of  mankind ; 
perhaps  there  might  nor  be  left  ten  from  Mam  to  this  day. 

The  form  of  government  h):^y  vature  and  by  r/ij/;/  lo 
far  left  to  the  individual!  of  each  lociety,  th^t  they  m:.v 
alter  it  from  a  flmplc  democracy  ,or  government  ot  all  .vrr 
aJr  to  any  other  form  they  pleafe.    .Such  alteranon.  rr-'y 


[  l^  ] 

fcna  oughi  to  be  made  by  exprefs  compaa  :  But  how  W- 
domtvfs  right  has  beenafleU  hjftory  w.ll  abundandy 
foow.  For  once  that  ft  has  been  fairly  fettled  by  compaft  ; 
fraud,  force  or  accident  have  determined  it  an  hundred 
times.  As  the  people  havegained  upon  tyrants,  thefe  have 
been  obliged  to  relax.c;;;/;  till  a  fairer  opportunity  has  put  it 
in  their  power  to  encroarh  again.         .  .    ,  , 

But  if  every  prince  fince  Nimrod  had  been  a  tyrant, 
it  would  not  prove  a  right  to  tyranize.  There  can  be  no 
prefcription  old  enough  to  fuperfede  the  law  of  nature,  and 
ihe  grant  of  God  almighty  ;  who  has  given  to  a  1  men  a 
natural  right  to  be  free,  and  they  have  it  ordmanly  m  their 
power  to  make  them felvcs  fo,  if  they  pleafe. 

Government  having  been  proved  to  be  neceffary  by  the 
law  of  nature,  it  makes  no  difference  in  the  thing  to  call  it 
from  a  certain  period,  civil.     This  term  can  only  relate  to 
form,  to  addUions  to.  or  deviations  from,  the  fubftance  ok 
government :  This  being  founded  in  nat^ire,  the  fuperllruc. 
nircs  and  the  whole  adminiftration  fhould  be  conformed  to 
riie  law  of  univerfal  reafon.     ti  fupreme  leginat.ve  and  a 
fupreme  executive  power,  muft  be  placed  fimewbere  m 
every  common-wealth  :  Where  there  is  no  other  pofitive 
provifion  or  compaft  to  the  comrary.  thofe  powers  remain 
in  the  whole  body  of  the  people.   It  is  alfo  evident  there  can 
be  but  one  beft  way  of  depofiting  thofe  powcis ;  but  what  that 
way  is.mankind  have  been  difpuiing  in  peace  and  in  war  more 
than  five  thoufand  years.     If  we  could  fup^e  the  indi- 
viduals of  a  community  met  to  deliberate,  whether  it  were 
beft  to  keep  thofe  powers  in  their  own  hands,  or  dilpoje  «* 
them  in  trufl,  the  following  queftions  would  occur—AVhe- 
iher  thofe  two  great  powers  t»£  Legi/latton  md  Execution 
Ihould  remain  united  ?  If  fo,  whether  in  the  hands  of  the 
many,  or  jointly  or   feverally  in  the  hands  pt  a  few,  or 
iointly  in  fome  one  individual  ?  If  both  thofe  powers  arc 
retained  in  the  hands  of  the  many,  where  nature  fccms  to 
have  placed  them  ortginall>.  the  governmetHtis  a  limple 
democracy,  or  a  government  of  all  over  all.      I  his  can  De 
adminiftrcd.  only  by  ef\ablilhing  it  as  a  firft  principle  that 
the  votes  of  the  majority  (hall  be  token  as  the  voice  of  the 
whole.     Ifthofe  powers  are  lodged  in  the  .bawls  oi  a  lew. 


a  :  But  how  fd- 
1^  will  abundantly 
ttled  by  compaft  ; 
led  it  an  hundred 
tyrants,  thefe  have 
portunity  hasputit 

ud  been  a  tyrant. 
There  can  be  no 
law  of  nature,  and 
ivcn  to  all  men  a 
t  ordinarily  in  their 
cafe. 

»e  ncceflTaryby  the 
the  thing  to  call  it 
1  can  only  relate  to 
n,  the  fubftancc  of 
:  jrc,  the  (uperihuc^ 
lid  be  conformed  to 
ne  legiflativc  and  a 
laced  fimewbere  in 
is  no  other  pofitive 
hofe  powers  remain 
fo  evident  there  can 
awcis;  but  what  that 
eace  and  in  war  more 
id  fupiTofe  the  indi- 
atc,  whether  it  were 
hands,  or  difpfe  of 
would  occur — Whe- 
htion  and  Execution 
T  in  the  hands  of  the 
hands  pf  a  few,  or 
th  thofc  powers  arc 
lere  nature  feems  to 
ivernmetHt  is  a  fimple 
er  all.     This  can  be 
\  a  firft  principle,  that 
m  as  rhc  voice  of  the 
n  the  .hanils  of  a  iew, 
the 


[     J3     ] 

the  gavernment  is  an  Arlftocracy  or  Oligarchy*  Here  too 
the  Irft  principles  of  a  prafticable  adminlftration  is  that  the 
majority  rules  the  whole.  If  ihofe  great  powers  are  both 
lodged  in  the  hands  of  one  man,  the  government  is  a  fmpie 
MtnarchytQotnmitAy,  though  falfly  called  abfolute,y^  by 
that  term  is  meant  a  right  to  do  as  one  pleafes.— S/<r  ^olo,fic 
jubto.flet  pro  ratioM  voluntas,  belongs  not  of  right  to  any 

mortal  man.  .  „     .  i- 

.   The  fame  law  of  nature  and  of  reafon  is  equally  obliga- 
tory on  a  democracy,  an  arijlrocracy ,  and  a  monarchy  : 
Whenever  the  adminiftrators,  in  any  of  thofe  forms,  deviate 
from  truth,  juttice  and  equity,  they  verge  towards  tyranny, 
and  are  to  be  oppofed  ;  and  if  they  prove  incorrigible,they 
will  be  depo/edhy  the  people.if  the  i^eople  are  not  rendered 
too  at^«^.  Dcpofing  the  adminiftrators  of  2ftmple  democracy 
may  Totmd  oddly,  but  it  is  done  every  day,  and  in  almoft 
every  vote.    A.  B.  &  C.  for  example,  make  a    democracy. 
To  day  A  &  8  are  for  fo  vile  a  meafure  as  a  ftanding  army. 
To  morrow  B  & C  vote  it  out.     This  is  as  really  depofing 
the  former  adminiftrators,  as  fetting  up  and  makmg  a  new 
king  is  depofing  the  old  one.     ^Democracy  in  the  one  cafe, 
and  monarchy  in  the  other,  aill  remain  ;  all  that  is  done  ts 
to  change  the  adminlftration. 

.  The  firft  principle  and  great  end  of  government  being 
to  provide  for  the  beft  good  of  all  the  people,  this  can  be 
done  only  by  a  fupeme  legiflativc  and  erecmivc  ultimately 
m  the  people,  or  whole  community,  where  God  has  placed 
it ;  but  the  ii^converiencies,  not  to  (ay  impofiibility,  at- 
tending the  confultations  and  operations  of  a  large  body  of 
people,  have  made  it  neceflary  to  transfer  the  power  of  the 
wholetoay^w:  Thisnaceffity  gave  rife  to  deputation, 
proxy  or  a  right  of  rcprefentation.  '  ^ 

A  Power  of  legiflation,  without  a  power  of  execution  m 
the  fame  or  other  hands,  would  hi  futile  and  vain  :  On  the 
other  hand,  a  power  of  execution,  fupreme  or  fubordin.ae, 
without  an  independent  legiflature,  would  be  perfeft  defpo- 

'■''■'^  Th. 

•  For  the  fake  of  the  unletered  readcf  'tis  noted,  that  Monarchy  meant 
the  power  of  one  great  man  ;  Ariftocracy  aott  Olsrgarchy  that  of  « 
few  s  and  Democracy  that  of  all  mca. 


i 


C     '4    ] 

The  difficulties  attending  an  univerfal  cpngrcfa,erpecially 
when  fociety  became  large,  have  bro't  men  to  conlcnt  to  & 
delegation  of  the  power  of  all  :  The  weak  and  the  wicked 
have  too  often  been  found  in  the  fame  intered,  and  in  mod 
nations  have  not  only  bro't  thefe  powers  jointly^  into  the 
hands  of  one,  or  fbme  few,  of  their  number  ;  but  made 
them  hereditary ^m  the  families  of  defpotic  nobles  &  princes. 
The  wifer  and  more  virtuous  ftates,  have  always  provkl- 
ed  that  the  reprefentation  of  the  people  fhould  be  numerous. 
Nothing  but  life  and  liberty  are  naturally  hereditable :  this 
has  never  been  confidered  by  tho(e,  who  have  tamely  given 
up  both  into  the  hands  of  a  tyrannicalOligarchy  or  defpotic 
Monarchy. 

The  analogy  between  the  natural,  or  material,  as  it  is 
called,  and  the  moral  world  is  very  obvious ;  God  himfelf 
appears  to  us  at  fome  times  to  caufe  the  intervention  or 
combination  of  a  number  of  fimple  principles,   tho'  never 
when   one   will   anfwer    the  end  ;    gravitation   and    at- 
tradion  have  place  in  the  revolution  of  the  planets,  becaufe 
the  one  would  fix  them   to  a   centre,   and    the  other 
would  carry  them  offindefinitely ;  fo  in  the  moral  world, 
the  firft  fimple  principle  is  equality  and   the  power  of  the 
whole.    This  will  anfwer  in  fmall  numbers  ;  (b  will  a  to- 
lerably virtuous  Oligarchy  or  a  Monarchy.     But  when  the 
fociety  grows  in  bulk.noneof  them  will  anfwer  v/eW  Jinj^ly, 
and  none  worfe  than  abfolute  monarchy.     It  becomes  ne- 
ceflary  therefore  as  numbers  increafe,  to  have  thofe  feveral 
powers  properly  combined  ;  fo  as  from  the   whole  to  pro- 
duce that  harmony  of  government  fo  often  talked  of  and 
wilhed  for,  but  too  feldom  found  in  ancient  or   modern 
ftates.     The  grand  political  problem  in  all  ages  has  been 
to  invent  the  befl  combination  or  diftribution  of  the  fu- 
preme  powers  of  legiflation  an  J  execution.     Thofe  ftates 
have  ever  made  the  greatell  figure,  and  hive  been  moft 
durable,  in  which  thofe  powers  have  not  only  been  fepa-. 
rated  from  each  other,  but  placed  each  in  more  hands  than 
one,  or  a  few.  The  Romans  are  the  moft  fhining  example  ; 
but  they  never  had  a  balance  between  the  fenate  and  the 
people,  and  the  want  of  this,  is  generally  agreed  by  the 
few  who  know  any  thing  of  the  matter,   tobjve  b<*en  the 
caufe  of  their  fall.     The  £ritff/j  confticution  in  theory  and 

in 


'ngrcfsjcrpecially 
n  to  con  lent  to  a 
Ic  and  the  wicked 
treii,  and  in  mo(l 
Jointly^  into  the 
mber ;  but  made 
nobles  &  princes. 
ve  always  provid- 
>uld  be  numerous. 
hereditable :  this 
lave  tamely  given 
archy  or  defpotic 

naterial,  as  it  is 
js ;  God  himfelf 
e  intervention  or 
pies,  tho'  never 
vitation  and  at- 
e  planets,  becaufe 

and  the  other 
he  moral  world, 
the  power  of  the 
;rs  ;  (b  will  a  to- 
'.  But  when  the 
nfwer  welly/ff^/y. 

It  becomes  ne- 
iiave  thofe  feveral 
le  whole  to  pro- 
n  talked  of  and 
:ient  or  modern 
11  ages  has  been 
>ution  of  the  Tu- 
rn. Thofe  ftatcs 
I  hive  been  mofl 
t  only  been  fepa-. 
,  more  hands  than 
fhining  example  ; 
e  Tenate  and  the 
y  agreed  by  the 
tobjve  b<*en  tbe 
ition  in  theory  and 
in 


[  'J  ] 

in  the  prefent  adminiftration  of  it,  in  general  comes  neareft 
the  idea  of  perfeftion,  of  any  that  has  beep  reduc-^  to  prac- 
tice ;  and  if  the  principles  of  it  are  adhered  to,  it  will  ac- 
cording to  the  infallible  prediftion  oi  Harringtor,,  always 
keep  the  Britons  uppermoft  in  Europe,  'till  their  only  rival 
nation  fhall  either  embrace  that  perfeft  model  of  a  common 
wealth  ^veo  us  by  that  author,  or  come  as  near  it  ziGreat 
Britain  is.  Then  indeed  and  not  till  then.will  that  rival  & 
our  nation  either  be  eternal  confederates,or  contend  in  grea- 
ter earned  than  they  have  ever  yet  done,  till  one  of  them 
fliall  Cnk  under  the  power  of  the  other,  and  rife  no  more. 

Great  Britain  has  at  prefent,  moft  evidently  the  advan- 
tage, and  fuch  opportunities  of  honeft  wealth  and  grandeur, 
as  perhaps  no  ftate  ever  had  before,  at  leaft  not  fince  the 
days  of  Julius  Ctfar,  the  deftroyer  of  the  roman  glory 
and  grandeur  j  at  a  time  when  but  for  him  and  his 
adherents  both  might  have  been  rendered  immortal. 

We  have  faid  that  the  form  and  mode  of  government  is 
to  be  fettled  by  comfaB,  as  it  was  rightfully  done  by  the 
convention  after  the  abdication  of  James  II,  and  aflentej 
to  by  the  firft  rcprefentativeof  the  nation  chofen  afterwards, 
and  by  every  parliament,and  by  almoft  every  man  ever  fince, 
but  the  bigots,  to  the  indefeafible  power  of  tyrants  civil  and 
ecclefiaftic.  There  was  neither  time  for,  nor  occafion  to 
call  the  whole  people  together  :  If  they  had  not  liked  the 
proceedings  it  was  in  their  power  to  controul  them;  as  it 
would  be  fhould  the  fuprerae  legiflative  or  executive  powers 
ever  again  attempt  to  enflave  them.  '1  he  people  will 
bear  a  great  deal,  before  they  will  even  murmur  againft 
their  rulers :  But  when  once  they  are  thoroughly  roufed, 
and  in  earned,  againft  thofe  who  would  be  glad  to  enflave 
them,  their  power  is  irreftible.  * 

At  the  abdication  of  King  James,  every  ftep  was  taken 
that  natural  juflice  and  equity  could  require ;  and  all  was 
done  that  was  pofllble.  at  Icaft  in  the  wretched  flate  in  which 
he  left  the  nation.  Thofe  very  noble  and  Worthy  patriots, 
the  lords  fpiritual  and  temporal  of  that  day,  and  the  prin- 
cipal pcrfons  of  the  commons,  advifcd  the  prince,  who 
in  confequence  thereof  caiifed  letters  to  be  "  written  to 
the  lords  fpi-itual  and  temporal,  being  proteflants,  and  other 

letters 

*  Sec  Mr.  A^  iiz  oo  the  Difl"oIoti«o  of  Goveroment. 


i^ 


I 


/il 


[     i6    ] 

letters  to  the  feveral  coumies,  cities,  univerfitics,  boroughs 
and  cinque  ports,  for  the  choofing  fuch  per fons  to  repre- 
fent  ihem  as  were  of  right  to  be  fcnt  to  parliament,  to 
meet  at  Weftminfter  upon  the  2  2d  of  January  1688,  in 
order  to  fuch  an  cftablilhment,  as  that  their  religion,  laws 
and  liberties  might  not  again  be  in  danger  of  being  fub- 
verted."  See  W  &  M.  fell:  i.C.  i.  ^^hc.-,/*//-^-*-./'.^^  ^ 
Upon  this  eleftions  were  made,  and  thereupon  the  faid 
lords  I'piritual  and  temporal  and  commons  nf»et,  and  pro- 
ceeded   to  afTcrt   their  rights  and  liberties,    and    to  the 
eleftion  of    the  Prince  and  Princefs  of  Orange  to  be 
King  and  Queen  of  England,  France  and  Ireland,  and 
the  dominions  thereto  belonging.     The  kingdom  of  Scot- 
land agreed  in  the  fame  choice :  Thefe  proceedings  were 
drawn  into  the  form   of  z&a  of  parliament,  and  are  the 
bails  of  the  afts  of  union  and  fucceflion  fince  made,  and 
which  all  together  are  the  fure  foundation  of  that  indif- 
puiable  right  which  his  prefent  Majefty  has  to  the  Crown 
of  Great-Britain  and  the  dominions  thereto  belongitig ; 
which  right  'tis  the  greateft  folly  to  doubt  of,  as  well  as  the 
blacked  treafon    to  deny.     The   prefent  eftabliftimcnt 
founded  on  the  law  of  God,  and  of  nature,  was  began  by 
the  convention,  with  a  proferted  and  real  view,  in  all  parts 
^  the  BritiJUr  empire,  to  put  the  liberties  of  the  people 
our  of  the  reach  of  arbitrary  power  in  all  times  to  come. 
But  the  grandeur,  as  well  as  juftice,  equity  and  goodnefs 
of  the  proceedings  of  the  nation  on  that  memorable  occa- 
fion,  never  have  been  nor  can  be  fo  well  rejprefented  as 
in  the  words  of  thofe  great  men  who  compoied  the  con- 
vention ;  for  which  reafon  partly,  but  principally  bccaufe 
they  (hew  the  riphts  of  all  Britilh  fubjefts,  both  at  home 
and  abroad,  and  fhould  therefore  be  in  as  many  hands  as 
poffible,  1  have  tranlcribed  the  following  claufes. 

I  Wm.  &  M.  feflC  1.  Chap,  i  preamble  &  fee  i— entit- 
led- ^.  , 
"  An  aft  for  removing  and  preventing  all  queftions  and 
difputcs  concerning  the  afTembiing  and  fitting  of  this  pre- 
fent parliament. 

For  preventing  all  doubts  and  fcruples  which  may  in 
any  wife  arife  concerr/ing  the  meeting,  fitting  and  proceed- 
ioc  of  this  'o.kvA  •■arliament  -,  be  it  declared  and  enafted 

by 


iverfiiics,  boroughs 
pcffons  to  repre* 
to  parliament,  to 
January  1 688*  in 
heir  religion,  laws 
nger  of  being  fub- 

thereupon  thcfaid 
lona  met,  and  pio- 
rtics,    and    to  the 
of  Orange  to  be 
and  Ireland,  and 
:  kingdom  of  Scot- 
1  proceedings  were 
ment,  and  are  the 
>n  fince  made,  and 
ation  of  that  indif- 
^  has  to  the  Crown 
thereto  belonging ; 
bt  of,  as  well  as  the 
efent  eftabliAiment 
iture,  was  begar»  by 
al  view,  in  all  parts 
rtics  of  the  people 
Q  all  times  to  come, 
equity  find  goodnefi 
lat  memorable  occa- 
well  reprefenied  as 
compoled  the  con- 
principally  bccaufe 
bjefts,  both  at  home 
in  as  many  hands  as 
fcving  claufes. 
ble&fec  I— cntitu- 

ting  all  queftions  and 
d  fitting  of  this  pre- 

uples  which  may  in 

,  fitting  and  proceed* 

declared  and  enafted 

bv 


[      17      1 

by  the  King»s  and  Queen's  moft  excellent  Majepy's.  by 
and  with  the  advice  and  confent  of  the  lords  fp.nrual  and 
temporal,  and  commons,  now  aOembled,  and  by  authority 

of  tne  fame :  ,  i       j 

Ildly.  That  the  lords  fpiritual  and  temporal,  and  com- 
mons, convened   at  V/cftminftcr.  the  two  and  twentieth 
d^y  of  January  A.  D.  i688,  and  there  fitting  the  xgth  ot 
February  following,  are  the  two  houfes  of  parliament  and 
fo  fhall  be  and  are  hereby  declared,  enafted  and  adjudged 
to  be,  to  all  intents,  conftruaions.    and  purpofes  whatlc 
ever,  notwithftanding  any  want  of  writ  or   writs    ot  lum- 
mons.  or  any  other  defeft  of  form  or  default  whatfoever, 
as  if  they  had  been  fummoned  according  to  the  ufual  torm. 
I  of  W.  &  M.  iefs.  2.  Chap.  2.  fee.  3.4.5'     -  V\5\^ 
An  aft  declaring  the  rights  and  liberties  of  tbe  Jubjett, 
and  fettling  the  foccefflon  of  the  Crown. 

Whereas  the  lords  fpiritual  and  temporal,  and  commons. 
afTembled  at  Weftminfler,  lawfully,  fully  and  freely  re- 
prefentingall  the  cftates  of  the  people  of  this  realm,  did 
upon  the  I3ih  of  February  A.D.  i688.  prefent  "nto  the.r 
Maienies,  then  called  and  known  by  ihe  names  and  ftile  ot 
William  and  Mary,  Prince  and  Princefs  of  Orange,  being 
prefent  in  their  proper  perfons,  a  certain  declaration  in 
writing,    made   by  the    faid  lords  and  commons  m  the 

words  following;  viz.  ^        ,    ,       u     cvc 

Whereas  the  late  King  James  the  fecond,  by  the  aitu- 
tanceof  divers  evil  counfellors.  judges,  and  miniiters  em- 
ployed  by  him,  did  endeavour  to  fubvert  and  extirpate 
the  proteftant  religion,  and  the  laws  and  liberties  of  thi» 

kingdom.  /•  jt     r  - 

1.  By  afTumlng  and  exercifing  a  power  of  d.fpenfing 
withandfufpendingot  laws,  and  the  execution  ot  laws, 
without  confent  of  parliament. 

2.  By  committing  and  profecu'ing  divers  viorthy  pre- 
lates, for  humbly  petitioning  to  be  excufed  from  concur- 
inc  to  the  faid  alTtimed  power.  " 

2.  By  iflliing  and  caufing  to  be  executed  a  commiOion 
under  the  great  feal  for  ereaing  a  court  called,  1  he 
court  of  commiflioners  for  ecclefinft.ral  caufes. 

By  levxing  money  for  aud  to  the  ufe  of  the  crown, 


D 


by  pretence  of  prerogative,   for  other  time,  aoi 


in 


other 
Waoner, 


[     i8    ] 

manner,  than  the  fame  was  granted  by  parliiment. 

5.  By  raifing  and  keeping  a  ftanding  army  within  this 
kingdom  in  time  of  peace,  without  confeni  of  parliament, 
and  quartering  foldiers  contrary  to  law. 

6.  By  caufing  feveral  good  fubjefts,  being  proteftants, 
10  be  difarmcd,  at  the  fame  time  when  papifts  were  both 
armed  and  employed,  contrary  to  law. 

7.  By  violating  the  freedom  of  elcftion  of  members  to 
fcrve  in  parliament. 

8.  By  profecutions  in  the  court  of  king's  bench,  for 
matters  and  caufcs  cognizable  only  in  {parliament  j  and  by 
divers  other  arbitrary  and  illegal  courfes. 

9.  And  whereas  of  late  years,  partial,  corrupt  and  un- 
qualified pcrfons,  have  been  returned  and  fcryed  on  juries 
in  trials,  and  particularly  divers  jurors  in  trials  for  high 
trcafbn,  whjch  were  not  fieeholders. 

10.  And  exceffive  bail  hath  been  required  of  perlons 
committed  in  criminal  cafes,  to  elude  the  benefit  of  the 
Jaws  made  for  the  liberty  of  the  fubjefts. 

11.  And  exceflive  ftnes  have  bcenimpofcd;  and  ille- 
gal and  cruel  punifhmcnts  inflifted. 

12.  And  feveral  grants  and  promifes  made  of  fines  and 
forfeitures,  before  any  conviftion  or  judgment  againft  the 
pcrfons,  upon  whom  the  fame  were  to  be  levied. 

^      All  which  are  utterly  and  direftly  contrary  to  the  known 

laws  and  ftatutcs,  and  freedom  of  this  realm 

And  whereas  the  faid  late  King  Jamet  the  fecond  having 
abdicated  the  Government,  and  the  throne  being  thereby 
vacant,  his  hirjhnefs  the  prince  of  Orange  (whom  it  hath 
pleafed  Almighty  Goo  to  make  the  glorious  inflrument  of 
delivering  this  kingdom  from  popery  and  arWtrary  power) 
did  (by  the  advice  of  the  Lords  fpiritual  and  temporal,  and 
divers  principal  pcrfons  of  the  commons)  caofc  letters  to  be 
written  to  the  lords  fpiritual  and  temporal,  being  proteftants, 
and  other  letters  to  the  foveral  counties,  cities,  uaivcrfities, 

■  bnrout,^!?,  and  cinque-ports,  for  the  choofing  of  fuch  pcr- 
fons to  reprefcnt  them,  as  wrre  of  right  to  be  fent  to  par- 
liament, to  meet  and  lit  at  Weftmtnfler  upon  the  two  and 
tweniinh  of  January  in  this  year  1688,  in  order  to  fuch  an 
eAablifhment.  as  that  their  religion, laws  «nd  liberties  might 
not  again  be  in  danger  of  being  fubverted.  Upon  which 
Jeiters,  devious  having  been  accordingly  made :  And 


'litment. 

irmy  within  this 

nt  of  parliament, 

>cing  proteftants, 
papiUs  were  both 

an  of  members  to 

ting's  bench,  for 
rliament ;  and  by 

,  corrupt  and  un- 
l  fcrved  on  juries 
Q  trials  for  high 

juired  of  perfons 
he  benefit  of  the 

!8. 

mpofed;  and  ille- 

made  of  fines  and 
gment  againd  the 
be  levied, 
rary  to  the  known 
aim 

the  fecond  having 
>nc  being  thereby 
gc  (whom  it  hath 
)us  inftrument  of 
I  arWirary  power) 
and  temporal,  and 
caofe  letters  to  be 
,  being  proteftants, 
cities,  uaivcrfities, 
afing  of  fuch  per- 
to  be  fent  to  par- 
ipon  the  two  and 
in  order  to  fuch  an 
«nd  liberties  might 
ted.  Upon  which 
made :  And 


,t      19     1 

And  therenpon  the  fald  lordf  fpirifual  and  temporal  and 
commons  pur fuant  to  their  refpeftive  letters  and  eleaions. 
bebg  noi  rflembled  in  a  full  and  free  reprefentatwe  of  thu 
nation,  taking  into  their  mod  ferious  conhdcratton  _Je  beft 
me  n  for  atfaining  the  ends  aforefaid  ;  do  m  the  firft  place 
Tas  their  ancettors  in  like  cafe  have  ufually  done)  for  he 
vindicating  and  artcrting  their  ancient  rights  andlibert.es. 

'^^I*  That  the  pretended  power  pf  fnfpending  of  laws,  or 
the  execution  of*  laws,  by  regal  authority,  without  confent 

of  parliament,  is  illegal.  ' 

a    That  the  pretended  power  of  difpenfing  with  laws,  or 

the  execution  of  laws,  by  regal  authority,   as  it  hath   been 

alTumcd  and  excrcifcd  of  late,  is  illegal.  ,  ,^  ^^„,,  _r 

,    That  the  commiflfion  for  creating  the    ate  court  of 

commiiTioners  for  ecclefipftical  ""'''■•%,  ='"V";:i:'ido^^^^ 
miffions  and  courts  of  like  nature,are  illeg.  Und  l^;«'<^«"'- 
4.  That  levying  money  for  or  to  the  ufe  of  he  crown, 
by  pretence  of  prerogative,  without  grant  "f  P»^l!»";;^n'{°f 
longer  time,  or  in  other  manner,  than  the  fame  is  or  fhall 

^'  rmt'  iiislhfrlght  of  thefubjeas  to  petirion  the  King; 
an/alUommhm^^^^^  f-  fuch  petitioning 

'''f  T^it  the  raifing  or  keeping  a  Handing  army  within 
the  kingdom  in  time  If  peace,  unlef.  it  be  w.th  conlent  ot 

P";'rhrt\hef  ^a-hich  .e  protenants.may  have  artns 
for^heir  defence,  fuiiablo  to  their  condUions.  and  a«  allowed 

^^rmteleftion  of  members  of  parliament  ought  to  be 

^''0.  That  the  freedom  of  fpeech.and  debate,,  or  proceed- 
inotin  parliameni.ought  not  to  be  impeached  or  queft.o.,ed 
in  anv  cOurt  or  place  out  6f  parliament. 

o^  Th  t  cceffive  bail  o'ught  not  to  be  required,  no. 
JeSlve  fines  impofed ;  nor  crlel  and  unufual  pumlhrnent. 

'"^ll^'^That  jurors  ought  to  be  duly  impannelled  and 
niriei  ;  and  jurors  which  ,Js  upon  .mens  tnaU  for  h., 
treafon,  ought  to  be  freeholders.  ^  ^  -^^^^ 


re 
ik)U 


ii 


[      20      ] 

ti.  That  all  grants  and  promifes  of  fines  and  forfei- 
tures of  particular  pcrlons  before  conviftion,  arc  illegal  and 

void. 

13.  And  that  for  redrefs  of  all  grievances,  and  tor  the 
amending,  llrengthening.  and  prefirving  of  the  laws,  par- 
liaments ought  to  be  held  frequently. 

And  they  do  claim,  demand,  and  infift  upon  all  and  Gn- 
gular  the  premifes,  as  their  undoubted  rights  and  liberties  ; 
and  that  nO  declarations,  judgments,  doings,  or  proceedings, 
to  the  prejudice  of  the  people  in  any  of  the  faid  premifes, 
ought  in  any  vtife  to  be  drawn  hereafter  into  confequcnce 

or  example :  ■  , 

To  which  demand  of  their  rights  they  are  particularly 
encouraged  by  the  declaration  of  his  Highnefs  the  Prince 
of  Orange,  as  being  the  only  means  for  obtaining  a  full  re- 

drefs  and  remedy  therein 

Having  therefore  an  entire  caifidence,  that  his  faid  High- 
nefs the  Prince  of  Orange,  will  perfeft  the  deliverance  fb 
far  advanced  by  him,  and  will  ftill  prcferve  them  from  the 
violation  of  their  rights,  which  they  have  here  aflerted,  and 
from  all  other  attempts  upon  their  religion,    rights  and  li" 

berries. 

II.  The  faid  Lords  fpiritual  and  temporal,  and  commons 
afTcmbled  at  Weftminller,  do  refolve  that  William  &  Mary 
IVmce  and  Princefs  of  Orange  be,  and  be  declared.  King 
and  Queen  of  England,  France  and  Ireland,  and  the  do- 
minions thereurro  belonging,  to  hold  the  crown  and  royal 
diRnity  of  the  faid  kingdoms  and  dominions  to  them  the 
f^id  Prince  and  Princefs,  during  their  lives,  and  the  life  of 
the  furvivor  of  them  ;  and  that  the  folc  and  full  exercile 
of  the  regal  power  be  only  in,  and  executed  by  the  faid 
Prince  of  Orange,  in  the  names  of  the  faid  prince  and  jwin- 
refs,  during  their  joint  lives  ;  and  after  their  deceafes,  the 
faid  crown  and  royal  dignity  of  the  faid  kingdoms  and  do- 
minions to  be  to  the  heirs  of  the  body  of  the  faid  princefs  j 
and  for  default  of  fuch  iiTue,  to  the  princefs  Anne  of  Den- 
mark,  and  the  heiis  of  her  body  ;  and  for  default  of  fuch 
iflue,  to  the  heirs  of  the  body  of  the  faid  prince  of  Orange. 
And  the  Lords  fpiritual  and  temporal,  and  commons,  do 
pray  the  faid  prince  and  princefs  to  accept  the  fame  accord- 

^^  IV.  Upon 


[ 


21 


] 


fines  and  forfei- 
n,  arc  illegal  and 

ces,  and  for  the 
f  ihe  laws,  par" 

upon  all  and  Gn- 
us and  liberties  ; 
,s,  or  proceedings, 
the  faid  premifes, 
into  confequcnce 

J  are  particularly 
ghnefs  the  Prince 
staining  a  full  re- 
hat  his  faiJ  High- 
he  deliverance  fb 
/e  them  from  ihci 
here  aflerted,  and 
)n,    rights  and  li* 

iral,  and  common* 
William  &  Mary 
e  declared,  King 
mcl,  and  the  do- 
crown  and  royal 
ans  to  them  the 
cs,  and  the  life  of 
and  full  exercile 
:iucd  by  the  faid 
d  prince  and  jvin- 
leir  dcceafcs,  the 
kingdoms  and  do- 
"  the  faid  princef* ; 
:efs  Anne  of  Den- 
ir  default  of  fuch 
prince  of  Orange, 
and  commons,  do 
\  the  fame  accord- 

IV.  Upon 


IV  Upon  which  their  faidMajettics  did  accept  the  crown 
and  royal  dignity  of  the  kingdom  of  England,  France  and 
Ireland,  and  the  dominions  thereunto  bclongmg,  accordmg 
to  the  rcfolutions  and  dcfire  of  the  faid  lords  and  commons, 
contained  in  the  faid  declaration.  .    r  i    x       i 

V.  And  (hercu|>on  their  Majcftics  were  plcsfed^that  the 
faid  Lords  fpiritual  and  tempral,  and  commons,  being  the 
two  houfes  of  parliament,  (hould  continue  to  fit,  and  with 
their  MajeQies  royal  concurrence,  make  cffeaual  prov.finn 
for  the  (ettlement  of  the  religion,  laws  and  Iibcrt.es  i>\  this 
kinedom  ;  lb  that  the  fame  for  the  fut  jre  might  not  be  in 
danger  again  of  being  fubvertcd  ;  to  which  the  faid  lords 
fpiritual  and  temporal,  and  commons,  did  agree  and  proceed 

lo  aft  accordingly.  .      r-j    i    J- 

VI.  Now  in  purfuancc  of  the  premifes,   the  laid   lords 
fpiritual  and  temporal  and  commons,  in  parliament  adcm- 
bled,  for  the  ratifying,  confirming  and  cftablilhing  the  laid 
declaration,  and  the  articles,  claufes,  matters  and  things 
therein  contained,  by  the  force  of  a  law  made  m  due  form 
by  authority  of  parliament,  do  pray  that  u  may  be  declared 
and  enaftcd.  That  all  and  fingular  the  rights  and  liberties 
alTcrted  and  claimed  in  the  faid  declaration,   arc  the  truc,^ 
ancient  and  indubitable  rglits  and  liberties  of  the  peome  ot 
this  kingdom,  and  lo  {hall  be  tfteemed.  allowed,  adjudged, 
deemed',  and  taken  to  be;  and  that  alt  and  f^cry  the  par- 
ticuhrs  aforefaid.  Ihall   be  firmly  and  ftnftly  holden  and 
obfervcd.  as  they  are  exprelTed  in  the  faid  declaration  ;  anU 
all  officers  and  miniilers  wliatfoever  lliall  f^TVc  their  Ma- 
jcftics and  their  luccelfors  according  to  the  fame  in  all  tunc-; 

to  come.  ,       1    1    r   I 

XI  All  which  t'.ieir  Majefties  are  contented  and  plea  led 
Ihall  be  declared,  enafted,  and  eltablilhed  by  authoruy  ol 
this  prefent  parliament,  and  Ihall  ftand  remain  and  be  the 
law  of  this  realm  fo-  ever ;  and  the  fame  are  by  then-  laid 
Mai-fties.  by  and  with  the  advice  and  confent  of  the  J.nrds 
fpiritual  and  temporal,  and  commons,  in  parliament  anc-n- 
bled,  and  by  the  authority  of  the  fame,  declared,  enaacd, 
and  eftablilhcd  accordingly." 

XII.  And  be  it  further  declared  and  enafted  by  the 
authority  aforefaid,  that  from  and  af^er  this  orcfent  felTion 
of  parliimeftt,  no   difpsnfation  by  non   objiante  of  or  to 


'■■! 


,    i 


[  «  ] 

any  ftatute  or  any  ptf t  ihereof,  (hall  be  allowed ;  but  that 
the  fame  fliall  be  held  void  and  of  no  effcft,  except  a 
tlifpcnfation  be  allowed  in  fuch  ftatutcs,  and  except  in  fuch 
cafes  as  (hall  be  fpecially  provided  for  by  one  or  more  bill 
or  bills  to  be  palTcd  during  this  prefent  fe/lionof  t»rliamenfc 
12  &  13  of  William  3d,  Chap.  2.  fee.  3  &4. 
"  Whereas  it  it  neccdiry  that  further  provilion  be  made 
for  fecuring  our  religion,  laws  and  liberties,  after  the  death 
of  his  Majefty  and  the  Princcfs  Anne  of  Denmark,  and 
in  dcfliolt  of  i(rue  of  the  body  of  the  faid  Princefs,  and 
of  his  Majc(ty  refpeAively  ;    it  is  enaAed, 

That  after  the  faid  limitation  (hall  tako>  e(ieut,  judges 
cdmmifllons  be  made  quamdiu  ft  bene geffct'mt ^  »nd  their 
lalaries  afcertained  and  eAablifhed  ;  bui  upn  the  aJdrefs 
of  both  houfes  parliament,  it  ma^  ba  lawful  to  remove 
them  ; 

That  no  pardon  under  the  great  (eal  of  Englatid  be 
pleaded  to  an  impeachment  by  the  commons  in  parliament. 
Whereas  the  laws  of  England  are  the  birth-right  of  the 
people  thereof,  and  all  the  Kings  and  Queens,  who  (hall 
afcend  the  throne  of  this  realm,  ought  to  adminirter  the 
government  of  the  fame  according  to  the  faid  laws,  and 
all  their  o(ficers  and  minifters  ought  to  ferve  them  accord- 
ing to  the  fame ;  all  the  laws  and  (latutes  of  this  realm 
for  fecuring  the  e(labli(hed  religion,  and  the  rights  and 
liberties  of  the  people,  and  all  other  laws  and  (latutes  now 
in  force,  are  by  his  Majefly  with  the  advice  and  confcnt  of 
the  lords  fpiritual  and  temporal,  and  commonii,  ratified  aod 
confirmed. 

I  (hall  clofe  this  introduftidn  with  a  palTage  from  Mr. 
Locke. 

*'  Tho',  fays  he,  in  a  conftituted  common  wealth, 
(landing  upon  its  own  bafis,  and  a6>ing  according  to  its  own 
naiure,  that  is,  afting  for  the  jircTcrvaiion  of  the  commu- 
nity, there  c?  s  Irit  one  fiipreme  power  which  is  the 
legiftative,  to  whir)'.  ?!!  iherctln  •  •'id  rnult  be  fubordi- 
nate  ;  yet  \\  .  <^  'i.;-  being  only  a  fiduciary  power,  to 
aft  for  certain  ends,  there  remains  (lill,  "  in  tbt  people, 
a  fufreme  power  to  remove,  Cr  alter,  the  iegi/lathe  7vhen 
they  find  the  legiflative  aSi  contrary  to  the  trufl  repofed  in 
tbeth"     Yy  all  po'virCr  p,K'<'n,  '.YJfh  trnfi  for  ihe  attaining  an 

end, 


!  allowed ;  but  that 
lo  effcft,  except  a 
,  and  except  in  fuch 
>y  one  or  more  bill 
iflTion  of  parliameni. 
a.  fee.  3  &4. 
r  provilion  be  made 
[ies,  after  the  death 
;  of  Denmark,  and 
!  faid  Princefs,  and 
acd, 

tak  >  effeci,  judges 

teffifint^   »nd   their 

upon  the  addrefa 

iavrful  to  remove 

eal  of  England  be 
imons  in  parliament, 
le  birth-right  of  the 
Queens,  who  (hall 
:   to   adminirter  the 

the  faid  laws,  and 
1  fcrve  them  accord - 
itutes  of  this  realm 

and  the  rights  and 
ws  and  ftatutes  now 
Ivice  and  confcnt  of 
tmmonii,  ratified  and 

a  paflage  from  Mr. 

id  common  wealth, 
according  to  its  own 
iiion  of  the  commu- 
x>wer  which  is  the 
id  rnult  be  fubordi- 

fiduciary  power,  to 
II,  "  in  the  people, 
thf  legiflative  tvhen 

the  irufl  repofed  in 

flfor  ihc  attaining  an 

end, 


[  »J  ] 

end,  being  limited  by  that  end,  whenever  that  end  it  ma- 
nifeHly  ncglcftcd,  or  u|ip(ircd,  the  truft  muft  nccelfarily  be 
forfeited,  and  the  power  devolve  into  the  hands  of  thofe 
who  gave  it,   who   may  place  it  anew  where  they  (hall 
think  beft,  for  their  fafety  and  fecurity.     And  thus  the 
(ommunity  perpetually  retains  a  fuprcme  power  of  faving 
thcmfelves  from  the  aitempts  and  dcfigns  of  any  body, 
even  of  their  legiflators  whenever  they  fhall  be  fo  foolifh, 
or  fo  wicked,  as  to  lay  and  carry  on  dcfigns  againft  the 
liberties  and  properties  of  the  fubjeft.     For   no  man  or 
fociety   of  man  having  a  power   to  deliver  up  their  pre- 
fervation   or  confequcntly  the  means  of  it  to  the  abfolute 
will  and  arbitrary  dominion  of  another ;  whenever  any  one 
fhall  go  about  to  bring  them  into  fuch  a  flavifli  condition, 
they  will  always  have  a  right  to  preferve  what  they  have 
not  a  pwcr  to  part  with  ;  and  to  rid  themfelves  of  thofe 
who  invade  this  fundamental,  facred  and  unalterable  law 
of  (elf  prefervation,  for  which  they  entered  into  fociety. 
And  thus  the  community  may  be  faid  in  this  refpeft  to 
bt  always  the  fupreme  power,  but  not  as  confidered  under 
any  form  of  government,  becaufe  this  power  of  the  people 
can  never  take  place,  till   the  government  be  diflblved." 
Locke  on  Government,  B.  ii.  C.  12. 

This    he  fays  may  be  done,  "  from  witho\u  by  con- 
qncrt  ;  from  within,   ift.  When  the  legiflative  is  altered. 
Which  is  often  by  the  prince,  but  fomeiimes  by  the  whole 
legiflative.     As  by  invading  the  froferiy  of  the  fubjeft, 
and  making  themfelves  arbitrary  dilpofers   of  the  lives, 
liberties  and   fortunes  of  the  people  ;  reducing  them  to 
flavery  under  arbitrary  power;  they  put  themfelves  into  a 
ftate  of  war  with  the  people,  who  are  thereupon  abfolved 
from   any  further  obedience,  and  are  left  to  the  common 
refuge  which  God  hath  provided  for  all  men,  againft  force 
and  violence.     Whcnfoever  therefore,  the  legiflative  fhall 
tranfgrefs  this  fundamental  rule  of  fociety  ;  and  either  by 
ambition,  fear,  folly  or  corruption,  endeavour  to  gain  them- 
felves,  or  put  into  the  hands   of  any  other  an  abfolute 
power  over  the  lives,  liberties  and  eflates  of  the  people, 
by  chis  breach  of  truft,  they  forfeit  the  power  the^  people 
had  put  into    their  handi  for  quite  contrary  ends,  and  ic 
devolves  to  the  fto^Ui  who  hav^a  right  10  refume  xht^v 

original 


[     H    ] 


riginal  liberty,  and  by  the  eftabUfhmcnt  of  a  new  le- 
iflative  (fuch  as  they  fliall  think  fit)  provide  for  their  own 


on 

fafety  and  fecuriiy,  which  is  the  end  for  which  they  arc 
in  focieiy."  Wem  Chap.  9. 

Of  Colonies  in  general. 

THIS  fubjeft  has  never  been  very  clearly  and  fully 
h  .idled  by  any  modern  writer,  that  I  have  had  the 
good  fortune  to  uifct  v.ith ;  and  to  do  it  juftice,  would  require 
much  greater  abilities  t!ian  i  pretend  lo.and  more  leifure  than 
I  ever  expeft  will  fall  to  my  ftiare.     Even  xhtEnglifh  writ- 
ers and  lawyers,  have  either  intirely  wav'd  any  confideration 
of  the  nature  of  Colonies,  or  very  lightly  eouched   upon  it, 
for  the  people  of  England  never  difcovered  much  concern 
for  the  profperity  of  the  Colonies,  Mil  the   revolution  ; 
and   even  now  fome  of    their   great  men   and  writers, 
by  their  difcourfcs  of,  and  conduct  towards  them,  confider 
them  all  rather  as  a  parcel  of  little  infignificant  conquered 
ijlands ^i\nn  as  a  very  extenfive  fettlement  on  the  continent. 
Even  their  law-books  and  very  diftionaries  of  iaw,  in  editi- 
ons fo  late  as  1750,  fpeakofthc  Britijh  plantations  abroad 
asconfifting  chiefly  of  iflands ;  and  they  are  reckoned  op 
in  fome  ot   them  in  this  ox6tx -Jamaica,  Barbados,  Virgin 
nia,  Maryland^  New-England,  New-Tork,  Carolina,  Ber- 
mudas.    At  the  head  of  all  thefe  IJkn^s  (for  there  is  no 
diftinftion  made)  ftand37<7Wfl/V(7,in  truth  a  conquered  ifland ; 
and  as  fuch,  this  and  all  the  other  little  Wefl-India  iflands 
deter ve  to  be  treated,  for  the  conduft  of  their  inhabitants 
and  proprietors  with  regard  to  the  Northern  Colonies  :  Di- 
vers of  the(e  colonies  are  larger  than  all  thofe  iflands  toge- 
ther ;  and  are  well  fettled,  not  as  the  common  people  of 
England  fooliihly  imagine,  with  a  compound  mongrel  mix- 
ture of  jE/7jj//A  Indian  ind  Negto,hn[.  with  frecborn  Bri- 
tifo  white  fubjefts,  whole  loyalty  has  never  yet  been  fuf- 

pefted. 

There  is  a  man  now  living,  or  but  lately  dead,  who  once 
was  a  fectetary  of  ftate  ;  during  whofe  wonderful  condnfl: 
of  national  affairs,  without  knowing  whether  Jamaica  lay 
in  the  Mediterranean,  the  Baltic,  or  in  the  Moon,  letters 

were 


ment  of  a  new  le- 
rovide  for  their  own 
for  which  ihey  arc 
^ap.  9. 

eral. 

y  clearly  and  fully 
,  that  I  have  had  the 
juftice, would  require 
nd  more  leifure  than 
ven  \htEng\ifh  writ- 
fA  any  confideration 
ly  couched   upon  it, 
ered  much  concern 
fill  the   revolution  ; 
t  men   and  writers, 
ards  them,  confider 
ifignificant  conquered 
ent  on  the  continent, 
aries  of  law,  in  editi- 
(h  plantations  abroad 
ey  are  reckoned  op 
fa.  Barbados,  Virgi' 
■York,  Carolina,  Scr- 
nds  (for  there  is  no 
th  a  conquered  ifland  ; 
le  Weft-India  iflands 
t  of  their  inhabitants 
fthern  Colonies :  Di- 
ll thofe  iflands  loge- 
le  common  people  of 
npound  mongrel  mix- 
ai  with  frecborn  Brt- 
!  never  yet  been  fuf- 

lately  dead,  who  once 

fe  wonderful  con<\{\Ei 

whether  ^amaka  lay 

in  the  Moon,  letters 

were 


[     25     ] 

were  often  received,  direfted  t«he  Governor  of  the  )Jland 
of  New-England.  Which  tjlandoi  New-England  is  a  part 
of  the  continent  of  North-Anaerica,  comprehending  two 
nrovinccs  and  two  colonies  ;  and  according  to  the  undoubted 
toundiof  their  cha;ters.  containing  more  land  than  there 
is  in  the  three  kingdoms.  But  I  muft  confine  myfclf  to 
matters  of  more  importance  than  dcteftmg  the  geographical 
blunders,  or  refuting  the  errors  of  dead,  fuperannuated  or 
any  otherwife  ftupified   fecretaries  of  ftate,  who  arc  now 

all  out  of  place.  ^  .    .«     t  o      u  r 

If  I  were  to  define  the  moiern  Colonifts,  I  Ihould  fav, 
they  are  the  noble  difcoverers  and  fit  tiers  of  a  new  ivorld  ; 
from  whence  as  from  an  endlcfs  lource,  wealth,  and 
plenty,  the  means  of  power,  grandeur  7iv^6  glory,  in  a  degree 
unknown  to  the  hungry  chiefs  of  former  ages,  have  bem 
pooring  into  Europe  for  300  years  paft  :  In  return  for 
which  thofe  Colonifts  have  received  from  the  feveral  ftarcs 
of  Europe,  except  from  Great-Britain,  only  fiaoe  the  re- 
volution, nothing  but  ill-ufage.  llavery  and  chains,  as  faft: 
as  the  riches  of  their  ow,t  cariibg,  could  fwmfli  the  means 

of  forging  them.  r  ri.-  n   •     - 

A  plantation  or  colony,  is  a  fettlement  of  lubjedts  m  a 
territory  disjoined  or  remQJe  from  the  mother  country,  and 
may  be  made  by  private  adventurers  or  the  public  ;  but 
in  both  cafes  the  Colonifts  are  entMed  to  as  ample  rights. 
liberties  and  privileges  as  the  fubiefts  of  the  mother 
country  are,  and  in  fome  rcfpefts  to  more. 

Qfthe  natural  Rights  of  Cohmfts.    • 

THOSE  who  expcft  to  find  any  thing  very  fatisfa^ory 
on  this  fubjeft  in  particular,or  with  regard  to  the  law  ot 
'«ore  -.n  general,  in  the  writings  of  fuch  authors  as  Grotius 
and  Pufendorf,  will  find  themfelvcs  much  miftaken.  It  is 
their  conftant  praflice  to  cftablilh  the  matter  or  right  oa 
the  matter  of  ^7  ••  This  the  celebrated  Roufeau  exprefly 
fays  of  Grotius,  and  with  the  fame  rcafon  he  might  have 
added  an  hundred  others.  "  The  learned  refearches  into- 
the  laws  of  Mture  and  nations  arc  often  nothing  more  than 
the  hiltory  of  ancient  abufes,  fo  that  it  is  a  ridicubus  in- 
•'  J)  faiuaiion 


B 


i  26  ] 

Ktuatton  to  be  too  fond  of  fluaying  tliem.'Y    "  '*'^«  wss 
exaftly  the  cafe  with  Crotius''*     The  fcntjincnts  on  thfs 
fubicft  have  therefore  been  chicly  drawn  from  the  purfer 
fountains  of  one  or  two  of  oor   "En^lf  writers,   fartteu- 
larlv  from  Mr.  Loch,  to  whom  might  be  add«id  i  Jeru  Ot 
other  nations ;  for  1  have  fecn  but  a  few  of  any  Country, 
and  of  "all  I  have  fcen.  there  are  not  ten  worth  Tca(J/rig. 
Grotius  B..3.  C.  I.  <ec.  21.    difcourfing  of  confederates  flh 
unequal  terms  according  to  his  manner  fays.  "  jo/^p  j;- 
eouality  in  queftion  may  be  referred  fome  of  thoreti^ms 
which  are  now  called  right  of  {irotcaion,  right  of  p«ro. 
naae.  and  a  right  termed  munditmium  ;  asilfe  that  which 
tnother  cities  had  over  their  colonTcs  antotig  the  Or<!dans. 
Tor z%Thucydiiei  fays,  thofe  colonics  enjoyed  Hhe  i^tne 
rishtsof  liberty  with  the  other  cities,  biit  they  owCd  a 
rtverence  to  the  city    whence  they   ^derived  their   origin, 
and  were  obliged  to  render  her  refpcft  and  cettam  otprel- 
fions  of  honor,  /o  long  as  the  colony  was  well  treated. 
Grotius  dejure  belli,  &c.  B.  i.  C.  3  21. 
"  Hitherto  alfo  (fays  he)  may  be  referred  that  fepara- 
tion  which  is  made  when  people  hy  one  conjent,  go  tofofhi 
colonics.     For  this  is  th«  original  of  a  nexu  and  indepen- 
dent (late.     They  are  not  content  to  be  jlaves,  hut  ^o^epoy 
equal  priviledges  and  freedom  fays  Thucydides.     And  Kuig 
Tullius  in  Dion.  Hah.  fays,  we  look  upon  it  toie  neither 
truth  norjuftice,  that  mother  cities  ought  of  'tecef/ity  and  by 
the  law  of  nature  to  rule  over  their  colonies^* 

B.  2.  C.  9.  fee.  10. 

««  Colonies,  fays  Pufcndorf,  are  fettled  in  differenr 
methods.  For  either  the  colony  cominues  a  part  of  the 
common-wealth  it  was  fent  out  from,  or  elfe  js  obliged  to 
pay  a  dutiful  refpeft  to  the  mother  common-wealth,  and 
to  be  in  readincfs  to  defend  and  vindicate  its  honor,  and  jo 
IS  united  to  it  by  a  fort  of  unequal  confcdei  acy .  or  laftly 
is  ercfted  into  a  feparate  commonwealth,  and  aUumes  the 
fame  rishts  with  the  ftate  it  is  defcended  from.'* 

^  Pufend.  B.  8.  C.  1 1.  6. 

"  Different  common  wealths  may  be  formed  out  of  one 
by  common  confent.  by  fending  out  colonics  in  the  manner 
lufual  in  ojd  Greece.     For  the  Romans  afterwards  when 

they 

\  Marqoii  D'  A.         *  Roufleau. 


n.'^     "  "thiswss 
fcntimcnts  on  this 
fn  from  the  purfer 
l  writers,  Jiarifcu- 
le  add^d  Si  few  of 
w  of  any  Couhtry, 
ten  worih  "reading, 
of  confederates  on 
fays,  "  to  the  ih- 
me  of  thofeti^hfts 
n,  right  of  patro- 
;  avalfe  thst  which 
Tiot\g  the  Grecians, 
enjoyed  the  igtnt 
biit  they  owCd  a 
•rived  their  origin, 
and  certain  cxpref- 
rf  -will  treated** 
c.  B.  I.e.  3  21. 
eferred  that  fepafa- 
anjent,  go  to  fofhi 
a  new  am  indifen" 
Jlaves,  but  to  ehjoy 
xydides.     AndKirig 
ipon  it  toie  neitier 
ht  of  tteceffity  and  by 
hftiesy 

\.  2.  C.  9.  fee.  10, 
fettled  in  diiTerenr 
intinues  a  part  of  the 
or  elfe  is  obliged  to 
:ornmon-wealth,  and 
ate  its  honor,  and  fo 
lonfcdeiacy.  or  laftly 
ilth,  and  a^Tumes  the 
ed  from." 
:nd.  B.  8.  C.  1 1.  6. 
je  formed  out  of  one 
clonics  in  the  manner 
ms  afterwards  when 
ihey 


[    ^7    i 

thinr  fent  a  colqnv  abroad,  continued  it  under  the  jurif- 
^ZTo  the  S.r  commonwealth,  or  Z^c^^l.^^;^^^ 
Bm  the  colonies  planted  by  the  Greeks,  ^^\f"2^l 
m^hid!  conftituLi  partici^lar  commonwealths  whch 
werobliged  only  .0  ^y  a  kind  of  deference  and  dut.f ul 
fu'bmiiUon  to  the  mother  ^oru^^^jT^.  C.  u.  fec.^ 
.    From  which  nafTages  tismanifeft  ^^^^^^^f  J^^^^ 

„,,n  only  ftate  U  ^"^  J^^,  J'^^^a  And'  Til  that 
flivinjr  their  own  upon  the  lubjcci  .  P'\.^ 
fin  becollefted  from  thofcfafts  or  op.mons,  'S' ^^^^^[".^J; 
was  mo^e  generous,  and  a  better  mother  to  her  colone 
Tan  Rome^  The  conduft  of  Rome  towards  her  colon  es 
al  Che  corruption,  and  oppreffions  tolerated  m  her  p  ^ 
vincial  ofBcersof  all  denominations,  was  one  great  caulc 
of  Uie  downfall  of  that  p.oud  republic^  . 

Dr  Strahan  favs.  "  there  is  a  great  affinity  between  tne 
BrSfk  clv^^^^^^^^^  thofeof  theSpaniards  and  otlv.  natw 
on    who  have  made  fettlcments  among  ^'^^  ^r^'^^^ '"  M', 
naris     For  the  grants  made  by  our  K,ngs.of  traftsof  lat^ds 
!^L  country,  L  toe  planting  of  colonic^    an   rnd^mg 
Cffl^ments  therein-  appear  to  have  been  made  in  imitauon 
S^  tants  m   .    by  the  kings  of  Spain  to  the  prop"«-«  ,f 
hnd    n  tlTe  Spanifh  coloi^es.  upon  the  very  f^-^e  cpnd  " 
ons  and  in  connderation  of  the  fame  fer vices  to   be  per- 
formed  bv   the  grantees.     So  that  the  government  of  the 
^^lni.Ldtherigh^^^^^ 

^r;-:  j:i>.,  the\nowlcdge_  of  the  fa.  bv.  t.v^ 
Z  of  fervice  likewife  for  deierminmg  any  contravcrly  th?.t 
maya'rirucl^ng  the  duties  or  forfeitures  of  the  proprte- 
.orsof  hnds  in  our  Englia^^colomcs.^^^^^^^  ^^  ^^^^^^ 

t\s  humbly  hoped  that  th.Britifti  colonifts  do  nut  ho.d  th  ir 
nd  Ts  well  i  liberties  by  fo  fiippery  a  tenure  .s  do  the 
Ivniards  and  French.  The  wilf  Lf  the  Prince  is  the  only 
;/uurc  by  which  r/;r/  hold;  and  the  $overnn.a.  of  the 
•Spar^.fU  rL  French  rettlemcms  is  in  every  refpca  defp^^^c 


i  2Z  ] 

'Tis  well  known  that  the  firft  American  grants  were  by 
the  BulU  of  the  Popes.  The  Roman  Pontiffs  had  for  ages 
ufurpcd  the  moft  abominable  power  over  prince*  :  They 
granted  away  the  kingdoms  of  the  earth  with  as  little  cere- 
mony  as  a  man  would  leafe  a  Ihecp-cot.  Now  according 
to  Dr.  Strahans's  logic,  it  may  be  inferred,  that  the  canon 
hw,  and  the  Popes  Bulls,  muft  be  o£  fervtce  Hkewifeyfor 
ditermining  any  controverfy  that  may  »rife,  touching  the 
duties  or  Jorfeiiures  of  the  proprietors  of  landi  in  the 
Britijh  colonies.  And  indeed  it  mdft  be  oWned,  if  we  were 
to  judge  of  fome  late  proceedings  *  by  this  rule,  we  muft 
allow  that  they  (avor  more  of  modern  Rome  and  the  Inqui* 
fitionthan  of  the  common  law  of  England  and  theconflitu- 
tion  of  Great-Britain. 

In  order  to  form  an  idea  of  the  natural  rights  of  the 
Colonifls,  1  prcfume  it  will  be  granted  that  ihcy  are  men, 
the  common  children  of  the  fame  Creator  with  their  bre* 
ihrcn  of  Great-Britain.  Nature  has  placed  all  fuch  in  a 
Hate  of  equality  and  pcrfeft  freedom,  to  aft  within  the 
bounds  of  the  laws  of  nature  and  reafon,  without  confnlt- 
ing  the  will  or  regarding  the  huitior,  the  pafllons  or  whims 
of  any  other  man,  unlefs  they  arc  formed  into  a  focicty  or 
I  rdy  politic.  This  it  mutt  be  confeflTcd  is  rather  an  ab- 
flrudt  way  of  confidering  men  than  agreeable  to  the  real 
ard  general  courfc  of  nature.  The  truth  is,  as  has  beeft 
Ihown,  men  come  into  the  world  and  into  lociety  at  the 
I'amc  inlUnt.  But  this  hinders  not  but  that  the  natural  and 
original  rights  of  each  individual  may  be  illndrated  and  ex- 
plained in  this  way  better  than  in  any  other.  We  fee  here 
by  the  way  a  probability,  that  this  abflraft  conflderation  oF 
men,  whicli  has  its  ufe  in  rcafoning  on  the  principles  of  go- 
vernment, has  infenfibly  led  fome  of  il>c  greatefl  men  to 
imagine,  (omc  real  general  (late  of  nature,  agreeable  to  this 
abJhaft  conccpiion,  antecedent  to  and  independent  of  fo- 
cicty. This  is  certainly  not  the  cafe  in  general,  for  moft 
men  become  members  of  HKiety  from  their  birth,  tho* 
ieperare  independent  flates  arc  really  in  the  condition  of 
perfeft  freedom  and  equality  with  regard  to  each  other.; 
and  (o  are  any  number  of  individuals  who  feparatc  them* 
feives  from  a  focicty  of  which  they  have  formerly  been 

members 
*  of  fome  American  Ccaff  rf  Adaiiralty,  !f  ihe  reader  p!ea{«. 


n  grants  were  by 
it'ms  had  for  ages 
r  prince*  :  They 
nth  as  little  cere- 

Now  according 
d,  that  the  canon 
vice  Hkewifeyfor 
ife,  touching  the 
of  landi  in  the 
i\*ned,  if  we  were 
his  rule,  we  muft 
ne  and  the  Inqui- 

and  the  conOitu- 

ral  rights  of  the 
lat  they  are  men, 
r  with  their  bre* 
ed  all  fi)ch   in  a 

0  aA  within  the 
without  confnlt- 

pafllons  or  whims 

\  into  a  focicty  or 

is  rather  an  ab- 

eal>!e  to  the  real 

1  is,  as  has  been 

0  Tociety  at  the 
lat  the  natural  and 
illnHrated  and  ex- 
er.  Wc  lee  here 
it  conflderation  of 
:  principles  of  go- 
;  greateft  men  to 
,  agreeable  to  this 
dependent  of  (b- 
gencral,  for  tnoft 

1  their  birth,  tho* 
I  the  condition  of 
d  to  each  other.; 
10  feparatc  thenn- 
;e  formerly  been 

members 
e  reader  niesfa. 


[  2?  ] 

members,  for  ill  treatment,  or  other  good  cavtfe,  with 
exprefs  defign  to  found  another.  If  in  fuch  cafe,  there  is 
a  real  interval,  between  the  feparation  and  the  new 
conjunction, during  fuch  interval,the  individuals  are  as  much 
detached,  and  under  the  law  of  nature  only,  as  would  be 
two  men  who  fhould  chance  to  meet  on  a  detblate  ifland. 

The  Cclonifts  are   by  the  law  of  nature  free  born,   as 
indeed  all  men  are,  white  or  black.     No  better  reafons  can 
be  givcn.for  enflaving  thofe  of  any  cojor  than  fuch  as  b.iron 
Moniefquieu  has  humoroufly  given,  as   the  foundation  of 
that  cruel   llavery  exerciled  over    the   poor  Ethiopians  ; 
which  threatens  one  day  to  reduce  both  Europe  and  Ame- 
rica to  the  ignorance  and  barbarity  of  the  darkefl:  ages. 
Does  h  follow  that  tis  right  to  enflave  a  man  becaule  he  is 
black  ?  Will  ftiort  curl'd  hair  like  wool,  inltcad  oF  chriftian 
hair,   as  tis  called  by  thofe,  whofe  hearts    are   as  hard 
4S   the  ncthcT  millftone,   help   the  argument?    Can  any 
logical  inference  in  favour  of  llavery,  be  drawn  from  a  flat 
nofe,  a  long  or  a  Ihort  face.     Nothing  better  can  be  faid^ 
in  favor  of  a  trade,  that  is  the  mod  /hocking  violation  of 
the  law  of  nature,   has  a  direft  tendency  to  diminifh  the 
idea  .of  the  ineflimable  Vdlue  of  liberty,  and  makes  every 
dealer  in  it  a  tyrant,  from  the  direftor  of  an  African  com- 
pany to  the  petty  chapman  in  needles  and  pins  on  the 
unhappy  coaft.     It  is  a  clear  truth,  that  thofe  who  every 
day  barter  away  other  metis  liberty,  wall  foon  care  little  for 
their  own.     To  this  caufq  muft  be  imputed  that  ferofiiy. 
cruclty.and  brutal  barbarity  that  has  long  marked  the  general 
char^ftcr  of  the  fogar-iflanders.     They  can  in  general  form 
no  idea  of  government  but  that  which  in  pcr{bn,  or  by  an 
overfccr,   the  joint  and  feveral  projx^r  reprcfentative  of  > 

Creole*,  and  of  the  D 1»  is  exercif^f-d  over  ten  thou- 

fands  of  their  fellow  men,  born  with  the  fame  right  to 
freedom,  and  the  fweet  enjoyments  of  liberty  and  life. 
as  their  unrelentino;  ta(k-ma(ter«,  the  (jvcrfeers  and  planters. 
Is  it  to  be  wondered  at,  if,  when  people  of  the  fiamp 
of  a  Creolian  planter  get  into  power,  they  will  not  ftick  for 
a  little  prcfent  gain,  at  making  tlicir  own  poflctity,  whiic 

a^ 

•  Thofe  in  England  who  borrow  the  fermi  of  the  Spaniards,  ss  Wfll 

as  their  notions  of  govcrrmcnt.  spMy  this  term  to  ;iil  American'  of 

Eiifopean  Extrafl  {  b'J' th^;  Norrhrrn  coloniiy*  apply  iron'jr"  to'thc 

I04ndcii  and  oihcrJ  of  fjch  cx'.rail,  under  ihc  Torrid  2one. 


t     30     ]  ' 

as  well  as  black,  worfe  flav€s  if  poffible  than  thofeaircady 

""""ThCTe  'is  nothing  more  evident  fays  Mr.  Locke,  than 
"  that  creatures  of  the  fame  fpecies  and  rank  promifcu- 
oxjflv  born  to  all  ihe  fame  advantage*  ot  nature,  4Uid  ihc 
ufe  of  the  fame  faculties,  Ihould  alfo  be  equal  dncwaeng 
another,  without  fubordination  and  ftibjeftion.  unlefs  the 
mafter  of  them  all  Ihould  by  any  manitcft  declaration  ot 
his  will  fet  one  above  another,and  confer  on  him  l>y  an  evi- 
dent and  clear  appointment,  an  undoubted  right  to  dominion 
and  fovereignty."     "  The  natural  iiberty  of  man  t$  to 
be  free  from  any  fupcrior  power  on  earth,  and   not  ta  be 
tinder  the  will  or  legiflative  authority  of  man.  but  only  to 
have  the  law  of  nature  for  his  rule".     This  « the  hber^^ 
of  independant  Qates;  this  is  the  liberty  of  e^fy*"*" 
out  of  focicty  .and  who  has  a  mind  to  live  fo  ;  which  libert]^ 
is  only  abridged  in  certain  inftances.  not  loft  to  t^olft  who 
are  born  in  or  voluntarily  enter  into  fdciecy  ;  this  giti  ot 
God  cannot  be  annihilated.  rj«^ 

The  Colonifts  being  men,  have  a  nght  to  be  conlidered 
as  equally  entitled  to  all  the  rights  of  nature  with  the 
Europe*^',  and  they  are  not  to  be  reftra.ned.m  the  exerafe 
of  any  of  thefe  rights,  but  for  the  evident  good  of  the 

whole  community.  ^  r  •  ,„     .u*.» 

By  beins  or  becoming   members    of  fociety.     tney 

have    not  renounced  their  natural   liberty  m   any  grea- 

ter  degree  than  other  good  citizens,  and  if  "«  taken  trom 

them  without  their  confcnt.  they  are  fo  far  enflav«J. 

They  have  an  undoubted  right  to  expea.ihat  their  belt 
oood  will  ever  be  confulted  by  their  rulers,  fupreme  and 
fubordinarc,  without  any  partial  views  confined  to  the  par- 
ticular intcreit  of  X)ne  ifland  or  another.    Neither  the  riches 
of  l.^>naica.  nor  the  luxury  of  a  metropolis.    Ihould  ever 
have  weitti^t  cnouph  to  break  the  balance  of  truth  and 
iuftice.     T'uth  and  faith  belong  to  men  as  men.  from 
men,  and  if  they  are  difappointed  »"  ,;heir  j^^  «-'<.Pf««'; 
ons  of  th.ra  in  one   fociety.   they  will  at   leaft   w,(h   for 
them  in  another.     If  the  love  of  truth  and  jaftict.    the 
only   fpring  of  found  policy   in   any  ftatc,  is  not  ftrong 
enough  to  prevent  cerram  caufes  from  taking  place  the  arts 
of  f:'uad  and  force  will  not  prevent  the  moft  faral  efFeas. 


[ 


3' 


] 


ie  than  thofe  already 

^s  Mr.  Locke,  ihan 
and  rank  promifcu- 
s  of  nature,  4Uid  ibe 
be  equal  oneasaong 
robjeftion,  unleft  the 
inifcft  declaration  of 
ifer  on  him  bv  an  evi- 
cted right  to  dominion 
iberty  of  man  i$  to 
earth,  and  not  to  be 
'  of  man,  bnt  only  to 
This  iithc  hberty 
iberty  of  every  man 
live  fo  ;  which  liberty 
not  loft  to  thoft  who 
»  fociety  ;  this  gift  of 

I  right  to  be  confidered 
i  of  nature  with  the 
ftrained.in  the  exercife 
e  evident  good  of  the 

ir«   of  fociety,     they 
liberty  in   any  grea. 
and  if  tis  taken  from 
e  fo  far  enflaved. 
o  expeft.ihat  their  beft 
eir  rulers,  fupreme  and 
*^s  confined  to  the  par- 
ker.    Neither  the  riches 
metropolis,    fliould  ever 
;  balance  of  truth  and 
to  men  as  men,  from 
in  their  juft  expcftati- 
will  at   leaft   wiftv   for 
truth  and  juftice,    the 
any  ftatc,  is  not  ftrong 
om  taking  phce,  the  arts 
Til  th?  moft  faral  effects. 

In 


Inthfclbncrun,  thofe  who  fall  on  arbitrary  meafures. 
will  m«t  w"S  their  deferved  fate.  The  law  of  .ature  wa. 
not  of  man's  making,  nor  is  it  m  h.s  power  to  mend  it.  or 
Tm  its  courfe.  He  can  only  perform  and  keep,  or  d.fo. 
bey  and  break  it.  The  laft  is  never  done  w.th  impunity, 
^«i*  m  rViK  life  if  it  is  any  punifhment  for  a  man  to  teei 
Sefd^F^^^  to  findVmfelt  degraded  by  his  own 
S^a^^^^^^^  i-rom  the  rank  of  a  virtuous  and  good 

r^alio  that  of  a- brute;   or  to  be  transformed  from   he 
friend,  perhaps  father  of  his  country,  to  a  devouring  Lion 

^Tefnbappy  revolutions  which  for  ages  have  diftrefled  the 
hnmanracc>ve  been  all  owing  to  the  want  of  a  little 
wSt.  common  fenfe  and  integrity,  in  .'^e^^^'f  ["'J^ 
rf  ihofc,whom  by  their  ftations.God  bad  in  kmdnefs  to  the 
Wd.%«deredlbic  to  do  a  great  deal,  for  the  benefit  of 
^mnd,  with  the  exertion  of  a  fmall  portion  of  pivatc  and 
public  vcrtue. 

^  the  Tolltieal   and  Cml  Rights  of  the 
Britifh  Coknifts, 

HERE  indeed  opens  to  view  a  large  field  ;  but  I  muft 
fludy  brevity— Few  people  have  extended  their  eti- 
nuirics  after  the  foundation  of  any  of  their  rights,  bevond 
a  charter  from  the  crown.  There  are  others  who  think 
when  they  haVe  got  back  to  old  Magm  aa./</,  that  they 
Tre  ^theWnningof  a»  things.  They  imagine  themfelves 
on  the  bordTrsof  ehaos  (and  fo  indeed  m  feme  refpefts 
they  are)  and  fee  creation  rifing  out  of  the  unformed  rnafs. 
or  from  nothing.     Hence,  fay  they,  fprmgall  the  rights  of 

men  and  of  citiScns. But  liberty  was  better  undcraood, 

and  more  fully  enjoyed  by  ouranceftors.  before  the  com.np 
jnof  the  firft  Norman  Tyrants  than  ever  af^ter.  till  it 
was  found  necefl-ary,  for  the  falvation  of  the  kingdom,  xo 
combat  the  arbitrary  and  wicked  proceedings  of  the  Stuarts 
The  prefent  happy  and  moft  righteous  e(\ablifhment  is 
juftly  built  on  the  ruins,  which  thofe  Princes  bro't  on  their 
Family  ;  and  two  of  them  on  their  own  heads— 1  he  lalt 
of  the  name  facrificcd  three  of  the  fineft  kiosdwns  in  Eu- 

ropc^ 


[32     ] 

rope,  to  the  councils  of  bigotted  old  worften,  priefts,  and 
more  weak  and  wicked  miniHcrs  of  ftaic  :  He  aftcrwa«l 
wenc  a  grazing  In  the  fields  nf  St.  Gcrmains.and  there  died 
in  difgrace  and  poveity,  a  terrible  example  of  God's  ven- 
•^earce  on  arbitrary  princes !  .         ^ 

The  deliverance  under  God  wrought  by  the  prmce 
of  Orange,  afterwards  defervcdly  made  King  Wm.  3d. 
was  as  joyful  an  event  to  the  colonies  as  to  Great-Britain  : 
In  (bmc  of  ihem,  ftcps  were  taken  in  his  favour  as  fooB  as 
in  England. 

They  all  immediately  acknowledged  King  William  and 
Qiieen  Mary  as  their  lawful  Sovereign.  And  fuch  has 
been  the  zeal  and  loyalty  of  the  colonies  ever  fincc  for  that 
eflablifhment,  and  for  the  proieftant  fucceffion  in  his  prefihit 
Majefty's  illuftrious  family,  that  I  believe  there  is  not  one 
man  in  an  hundred  (except  in  Canad»)  who  does  not  think 
himlclf  under  the  belt  national  civil  conftitutioa  in  the 
world. 

Their  loyalty  has  been  abundantly  proved,  cfpecially  in 
the  late  war.  Their  affcftion  and'  reveiiencc  for  their 
mother  country  is  unqcftionable.  They  yield  the  mofl: 
chcarful  and  ready  obedience  to  her  hws,  particularly  to 
the  power  of  that  auguft  body  the  parliament  of  Great- 
Britain,  the  fuprenve  legiflaiive  of  the  kingdom  and  its 
dominions.  Thefe  1  declare  arc  my  own  fentiments  of 
duty  and  loyalty.  I  alfo  hold  it  clear  that  the  aft  of  Queen 
Anne,  which  makes  it  high  treafon  to  deny  "  that  the 
King  with  and  by  the  authority  of  parliament,  is  able  to 
make  laws  and  Hatutes  of  fufficient  force  and  validity  to 
li'nit  and  hind  the  crowi-^,  and  the  defcent,  limitation,  inhe- 
ritance and  government  thereof"  is  founded  on  the  princi- 
ples of  liberty  and  the  Britifh  conftitution  :  And  he  that 
would  palm  the  do£lrine  of  unlimited  paflive  obedience  and 
non  rcfilUnce  upon  mankind,  and  thereby  or  by  any  other 
means  fervc  the  caufe  of  the  Pretender,  is  noi  only  a  fool 
and  a  knave,  but  a  rebel  againft  common  fenfe,  as  well 
as  the  laws  of  Got!,  of  Nature,  and  his  Country. 

^ 1  alfo  lay  it  down  as  one  of  the  firft  principles 

foru  whence  I  intend  to  deduce  the  civil  rights  of  the 
Britifh  colonies,  that  all  of  them  are  fubjeft  to,  and  dcpen- 
dent  on  Grcat-Briiain ;  and  that  therefore  as  over  fubor- 

dinate 


lottien,  priefts,  and 
laic  :  He  afterwaKl 
nains.and  there  died 
iple  of  God's  ven- 

iighi  by  the  prmce 
a^c  King  Wm.  3d. 
as  ro  Great-Britain : 
bis  favour  as  foon  as 

:d  King  William  and 
;n.  And  fuch  has 
es  ever  fince;  for  that 
ceflion  in  his  preftnt 
icve  there  is  not  one 
I  who  does  not  think 
conditutioa    in  the 

ffovcd,  cfpeciallyin 
eveiiencc  for  their 
hey  yield  the  moft 
aws,  particularly  to 
)arliament  of  Great- 
e  kingdom  and  its 
'  own  fentimems  of 
hat  the  aft  of  Queen 
to  deny  "  that  the 
arliament,  is  able  to 
rce  and  validity  to 
ent,  limitation,  inhe- 
indcd  on  the  prtnci- 
ution :  And  he  that 
pa/Tive  obedience  and 
eby  or  by  any  other 
-,  is  not  only  a  fool 
men  fcnfe,  as  well 
bis  Country, 
jf  the  fir  ft  principles 
e  civil  riglws  of  the 
H^e-a  10,  and  dcpen- 
eforc  as  over  fubor- 
dinate 


[     33     ] 

ainate  governrncnts,  the  parliament  of  jreat-Brirain  has 
an  undoubted  power  and  lawful  authority  to  make  afts  for 
the  general  good,  that  by  naming  ihem.  fliall  and  ought  to 
be  equally  binding,  as  upon  the  fubjcfti.  of  Grcat-Bnram 
within  the  realm.  This  principle.  1  prefumc  will  be  rea- 
dily granted  on  the  other  fide  the  atlantic.  It  lias  been 
praaiced  uix);i  for  twenty  years  to  my  knowledge,  in  the 
province  of  ihe  Mafachufetts-Bay  ;  and  1  have  ever  re- 
ceived it,  that  it  has  been  fo  from  the  beginning,  in  this 
and  the  filler  provinces   thro'  the  continent  * 

I  am  aware,  lome  will  think  it  is  time  for  me  to  retreat, 
after  having  cxpreOed  the  power  of  the  Britifh  parliament 
in  quite  (b  (bong  terms.     But 'us    from   and   under   this 
very  power  and  Ks  aft?,   and  from  the  common  law,   that 
the  political  and  civil  rights  of  the  Colonifts  are  derived  : 
And  upon  ihofe  grand  pillars  of  liberty  fiiall  my  defence 
be'    retted.     At   prefent  therefore,    the  reader  may    lup- 
pofe.that  there  is  not  one  provincial  charter  on  the  continent ; 
he  may,  if  he  pleafes,  imagine  all  taken, away,   without 
faCilt,  without  forfeiture,  without  iryal  or  notice.     All  this 
really  happened  to  fome  of  them  in  the  laft  century.     I 
would  have  the  reader  carry  his  imagination  ftill  further,  and 
fuppofe  a  time  may  come,  when  inflcad  of  a  procefs  at  com- 
mon law,   the  parliament  Ihall  give  a  dccifivc  blow  to  every 
charter  in  America,  and  declare  them  all  void.     Nay  it  ftall 
alfo  be  granted,  that  'tis  barely  polTible,  the  time  may  come. 
vhen  the  real  intereft  of  the  whole  may  reqi-.  =  an  aft  ot 
parliament  to  annihilate  all  thofe  charters.     What  coiild  fo  - 
low  from  all   this,    that  would  fliake  one  of  the  ejrential, 
i,aiural.  civil  or  religious  rights  of  the  Colonifts  ?  Nothing. 
They  would  be  men.  citizens  and  briilfh  fuhjefts  after  all. 
No    aft    of   parliament  can  deprive   them    of  the   liber- 
ties of  fuch.  unlefs  any  will  contend  that    an  aft  of  par- 
liament can  make  ftavcs  not  only   of    one,   but  of  two 
millions  of  the   common  wealth.     And  if  fo.  why  not  of 
the  whole?     I    freely  own,    that    I    can    find    nothinir 
in    the  laws   of    my ,  coui  try,    that    would    juftify  tho 

£  pAriiamcnc 

•  This  howc'cr  w«  forma'V  declared  "«  to  Irl.nd    bu^  fo  htcly 
■       as    tlv   rc.Rfi  of  G.  I     Up  -0   the  old  pcinoplt*  of  coi.qj  It  i )« 
'      hiHi  coo)d  rot  hKc  h   much    to   dj   tuf  an  oicu^fuoa.    «*    Uic 
UEicvriQ'iCied  Colomib. 


'  I 


Vi 


% 


[     34     1 

ptrliament  in  makiog  one  flave,  nor  <§tci  they  ever  pre- 
ff  (Tedly  undertake  lo  make  one. 

Two  or  three  innocent  colony  charters  have  beon  thrwi» 
ncA  with  deftruaion  an  hundred  and  forty  years  paft.     I 
wifti  the  prefrw  enemies  of  thofe  harmUft  charter*  woula 
refleft  a  moment,  and    be  convinced   that  an  ail  of  par- 
liament that  ihould  dcmolilh  ihofc  bugbears  to  the  foes 
of  liberty,  would  nor  reduce  the  Colonifls  to  a  ftate  of 
abfolute  llavery.     The  worll  enemica  of  the  charier  go- 
vernments are  by  no  means  to  be  found  in  England.     *Ti8 
a   piece  of  juftice  due  to  Grcat-Britain    to  own,  they  arc 
and  have  ever  been  natives  of  or  refidcntt  in  the   colonies. 
A   fct  of  men  in   America,  without  honour  or  love  to 
their  country,  have  been   long  grafping  at  powers,   which 
they   think  unattainable  while  thcfe  charters  ftand  «n   the 
way.     hut  they  will    nieet  with  infurmcuntable  obftacles 
to  their  prqjca  for  enflaving  the  Bfitifli  colonics,   fhouU 
thofe,  arifing  from  provincial   charters  be   removed.     It 
would  indeed  feem  very  hard  and  levere,  for  thofe  of  the 
colonics,  who  have  charters,  with  peculiar  privilcdges.  to 
loofc  them.   They  wtre  given  to  their  ?nceftor8,  mconfide- 
rarion  of  their  fufferings  and  merit,    in  dilcoverit.g  and 
fettling  Araefica.     Our  fore-fathers  were  foon  worn  away 
ia  the  toils  of  hard  labour  on  their  little  plantations,  and 
M    war  with  the  Savages.     They    thought    they   were 
earning  a  fure  inheritance  for  their  poftertty.     Could  they 
imagine  it  would  ever   be  tho't  ju(*   to  deprive  them  or 
theirs  of  their  charter  prnviledges !   Should  this  ever  be  the 
cafe,  there  are,  thank  God.  natural,  inherent  and  infepera- 
We  rights  as  men.    and    as    citizens,    that  would   remain 
after   the'fo   much    wilhed   for   cataftrophe,  and   wh^ch, 
whatever    became  (sf    charters,   can   never  be   abolilhcd 
dijare,  if  </f/i^o,  fill    the  general  conflaRat^on.*     Our 
right^i   as   men  and  free  bom  Britifh   fUbjeas.   give   ali 
th«  Colonilts  enough  to  make  them  very  happy  in  coinpa- 
lifon  wicii  th£  fubjefts  of  any  other  pruice  in  the  world. 

Every 

•  THe  fine  df fence  «f  the  pro»loci»I  charters  by  Jeremy  ZJoww^r  F.fq; 
the  Ite  very  able  and  leaned  agent  t»r  «hc  province  o*  the  flluj^a- 
e-ufitti  Bay.  in*ke$  it  rccdief*  «o  go  into  a  pwiicular  cw>fidcration 
«f  clu.tcf  pmiicdBc*.  ThM  piece  is  unanfweuble,  but  by  power 
anJ  iiiigbi,  »nd  oiher  gfgnmCDW  of  ik«t  kind. 


they  ever  pre- 

^»ve  hemx  thrnf  • 
y  years  pa(t.      I 
ft  charters  would 
It  an  ail  of  par- 
jears  to  the  foes 
ins  to  a  (Ute  of 
•  the  charier  go- 
i  England.     'Ti$ 
10  own,  they  are 
^  in  the   colonies, 
onour  or  love  to 
at  powers,   which 
rtcrs  ftand  in   the 
Dontabic  obftaclcs 

colonics,  fhouU 
be  removed.  It 
,  for  thofe  of  the 
iar  priviledges,  to 
ceOors,  incoDfide- 
J  diicovcrir.g  and 
;  foon  worn  away 
;  plantations,  and 
>ught  they  were 
rity.  Could  ihey 
>  deprive  them  or 
lid  this  ever  be  the 
rent  and  infepera- 
lat  would  remain 
ophe,  and  which, 
:ver  be  abolifhed 
nflai^ation.*     Our 

lUbjefts,  give  all 
f  happy  in  cotnpa- 
ce  ia  the  world. 

Every 

Jtremy  Dutnnf.  Ffq; 
rovinoe  o^  the  MuJ/*- 
p»r(ictt>ar  confiJctation 
fciable,  but  by  power 
1 


[     35     ] 

Evcrv  Britift  fuWjcft  born  on  the  contin«nt  of  Atneriei, 
or  in  any  other  of  the  Britilh  dominions,  is  by  the  law  of 
God  and  nature,  by  the  common  law,  and  by  ^«  ^^  P'-j^V* 
tnent,  (cxclufiveo^  all  charters  from  the  Crown  en tttled 
«,  all  the  natural.  ciK-ntial,  inherent  and  mlcparable  r  gh ts 
of  our  fellow  fubicfts  in  Greai-Bntam.  Among  ihore 
rights  are  the  following,  which  it  is  .' .mbly  con^^'^^  "« 
man  or  body  of  men,  not  excepting  the  parliament,  jully. 
equitably  and  conailcnily  with  their  own  rights  and  Che 
conftitution,  can  take  away. 

ift  That  the  fu^^reme  and  fubonltfiate  powets  of  leglJlA- 
tionfhoutd  he  free  and /acred  in  the  handt  where  the  commu- 
nity have  once  rightfully  pitcei  them. 

2dlv    The  fupreme  national  leg^tflative  cannot  be  altered 
iuflty  Uill  the  commonwealth  is  d,plved.    nor   a  fuhordtmte 
ledattve  taken  axvay  without  forfeiture  or  other  good  caufe. 
Nor  then  can  the  fubjras  in  the  fuboulinate  government  be 
reduced  to  a  ftate  of   Oavery.  and  fubjeft  to  the  defDot.c 
rule  of  others.     A   ftate   has    no   right  to   make  flaves 
of  the  conquered.     Kvcn   when   the  (ohordinate  right  of 
Icaiflatureij  foifeited,  and  fo  declared,  this  caimot  affeft 
the  natural  perfons  either  of  thofe  who  were  in  veiled  with 
it,  or  the  inhabitants,  *  fo  far   as  to  deprive  them   of   the 
rights  of  fubjeas  and  of  mon~Thc  colomrts  w,U  have  an 
cqniiable  rie.hr  notwkhilanding  any  fuch  forfeiture  ot  char- 
ter, to  be  rcprelcnred  Ih  Parliament,  or  to  have  fome  ne^ 
fcibordin.te   leg.n...(ure  among  themlblves      It  would  be 
bell  if  they  h;,(l  bath.    Deprived  however  of  their  commo.^ 
rights  as  fubjeas.  they  cannot  lawfully  bcwhile  they  remain 
fuc»       A  rep'cfentation  in  Parliament  from  the  feveralCc 
lonies.  fince  they  are  become  fo  large  and  numerous,  as   .,> 
be  called  on  not  to  maintain  provincial  government  civilan.t 
military  among,  themlelves.  for   this  they  have  chenrfuHv 
done,  but  ...contribute  towards  the  fupport  of  a  nationa. 
l\;.nairv.T  ar.ny,  by  reaC^n  of  the  heavy  iv.tion.l  dobr    whc-. 
they  thc.iilalvo^,o.vr  .-»  fir.^eonc-,  c.ontvaaed  m  tlie  roa^iMo... 
caufc,  can't  be  tho't  uii  unreafbnable  thing,    not   X    alkv-ji. 


*  Sec  Magna  rliarti.   the  Pi!l  nf  «':/'♦      1  ^tnl   IJ2 
411.  V-tu^hiri   30a. 


a  «9>icia 


[  2^  ] 

couUl  it  be  called  an  immodcft  rcqueft.  Q^i  Jent'u  com- 
moJum  fentirt  debet  et  onuiy  has  been  tho't  a  maxim  of 
equity.  But  that  a  man  Ihoiilcl  bear  a  burthen  for  other 
people,  as  well  as  himCcIf,  without  a  return,  never  long 
found  a  place  in  any  law-book  or  decrees,  but  thofe  of  the 
nod  de(|K)tic  princes.  Hcfidcs  the  equity  ot  an  American 
Tcprcfentation  in  p  'liamcnt,  a  thoufand  advantages  would 
rcfult  from  it.  It  wuuld  be  the  moll  tfTcflual  means  of 
giving  thofc  of  both  countries  a  thorough  knowledge  of 
e:\ch  orhcrs  intcrclh  ;  as  well  as  that  of  the  whole,  which 
arc  iiifcpa/ablc. 

Wvre  this  rcprcfentation  allowed  ;  inflcad  of  the  fcan- 
dalous  memorials  and  depofitions  that  have  been  fomctimee, 
in  days  of  old,  privately  cooked  up  in  an  inqnifitofial  man- 
ner, by  pcrlonsof  bad  minds  and  wicked  views,  and  (tnt 
from  America  to  the  fcveral  boards,  perfons  of  the  tirlt 
reputation  among  their  countrymen,  might  be  on  the  fpot, 
from  the  fcveral  colonies,  truly  to  rcprcfcnt  them.  Future 
miniflcrs  need  not,  like  feme  of  their  predeceirors,  have 
re:ourfc  for  information  in  American  afl'airs,  to  every  va- 
gabond flrollcr,that  has  run  or  rid  pofl  thro'  America,  from 
his  creditors,  or  to  people  of  no  kind  of  reputation  from  the 
colonies ;  Time  of  whom,  r.t  the  time  of  adminiiiring 
their  fage  advice,  have  been  as  ignorant  of  the  ftate  of  this 
country,  as  of  the  regions  in  Jupiter  and  Saturn. 

No  reprefentation  of  the  Culonies  in  parliament  alone, 
would  however  be  equivalent  to  a  fuhi>rdinatc  legiflative 
among  themfclves  ;  nor  fo  well  anfwer  the  ends  ok  incrra- 
fing  their  profperity  and  the  commerce  of  Great-Britain.  It 
would  be  impofTible  for  the  parliament  to  judge  fo  well,  of 
their  abilities  to  bear  taxes,  impofitions  on  trade,  and  other 
d'.ities  and  Hunhens,  or  of  the  local  laws  that  might  be 
really  nccJful,  a<?  a  legillative  here. 

3dly.  No  \eg;(l.iUve,  fupreme  or  fuhordinate,  hat  a  right 
to  make  itfelf  arbitrary. 

It  would  be  a  moft  manifefl  contradlflion,  for  a  frre  legi- 
flative. like  that  of  Great^Bntain,  to  make  itfelf  arbitrary. 

4thly.  The  fupreme  legiflative  cannot  jujtly  ajpme  a 
p-jvjcr  of  ruling  by  extempore  arbitrary  decrets,  but  is  bound 
to  difjicifc  i'lpice  by  i'lorcn  fettled  rules,  and  by  duly  au- 
tliorized  indepen.Unt  j::J^es.  . 

ythly.  The 


Qjii  Jentit  com- 
ho't  a  tnaxim  of 
Sorthcn  for  other 
turn,  never  long 
but  thofe  of  the 
y  ot  an  American 
aJvantagcs  would 
ffcftual  means  of 
igh  knowlctlge  of 
:he  whole,  which 

\tzA  of  the  fcan- 
c  been  fomciinies, 

inqnifitofial  man- 
■d  views,  and  icx-.x. 
rfons  of  the  tirit 
ht  be  on  the  (por, 
cnt  them.  Fuiure 
prcdecellors,  have 
lairs,  to  every  va- 
iro' America,  from 
eputation  from  the 
u-  of  adminillring 
if  the  ftate  of  this 

Saturn. 

parliament  alone, 
■>i>rdinate  legiflative 
he  ends  of  incrca- 
r  Great-Britain.  It 
o  judge  fo  well,  of 
jn  trade,  and  other 
aws  that  might  be 

^dtnate,  hat  a  right 

ion,  for  ^  frre  legi- 
ake  itfclf  arbitrary. 
\ot  jiijtly  ajfime  a 
hcrets,  but  is  hotind 
and  by   duly  au- 

ytbly.  The 


[     37     ] 

cthly.  Tkefupreme  power  £annot  take  f ram  any  man  snf 

part  of  his  proptrty,  without  his  confent  in  per/on,  or  if 
reprefentation. 

6ihly.  The  Ug'flaiure  cannot  transfer  the pov^er  of  m^ 
ing  laivt  to  any  other  hands. 

There  are  their  bovinds,  which  by  God  anJ  nature  ar« 
fitted,  hitherto  have  they  a  right  to  coixjc,  and  no  furihcf. 

I.  To  govern  by  flated  laivt. 

?.  Thofi  laws  Ihould  have  no  j/tber  end  tfltimatety,  iut 
the  gooii  of  the  people. 

3.  Taxes  are  not  to  be  hid  on  the  people,  but  Lj  tbeir 
confent  in  perfon,  cr  by  deputation. 

4.  Thetr  whole  power  is  not  transferable.^ 

Thefe  are  the  firfl  principle?  of  law  and  juftice,  and  the 
great  barriers  of  a  free  (late,  and  uf  the  Britilh  conlfuutioft 
in  particular.  1  alk,  I  want  no  tnorc— Now  let  it  be  fhowii 
how 'tis  rcconcileablc  with  thcfc  principles.or  to  many  other 
fundamental  majjims  of  the  britifh  conftitution,  a«  well  U 
the  natural  ^nd  civil  rights,  which  by  the  h\^s  of  their  coun- 
try, allHriiifh  fubjefts  arc  intitled  to,  as  their  bell  inheritance 
and  birth-right, that  al!  the  northern  colonies.who  arc  without 
one  reprefentative  in  the  houfo  of  Conunons,  (hould  be 
taxed  by  the  Britifli  parliament. 

That  the  coionifls,  black  and  white,  born  here,  are  free 
born  Britifh  fubjc^s,  and  entitled  to  all  the  cfll-ntial  civil 
rights  of  fuch,  is  a  truth  nnt  only  inanifeft  from  the  provin- 
cial charters,  from  the  principles  of  the  common  law,  and 
a(5\4  of  parliament  ;  but  from  the  Briiifli  conflitinion.  which 
was  re-eftablilhcd  at  the  revolution,  with  a  profclTed  defigti 
to  fecure  the  liberties  of  all  the  fubjefts  to  all  gcncrationg.f 

In  the  12  and  13  of  Wm.  cited  above,  the  liberties  of 
the  fubjeft  are  fpoken  of  as  their  left  birth-rights— No  one 
ever  dreamt,  furcly,  that  thefe  liberties  were  confined^  10 
tlie  reahn.  At  that  rate,  no  Britifli  lli'/iefts  in  the  domini- 
ons could,  without  a  manifeft  contradiction,  be  declared  en- 
titled to  all  the  privileges  of  fobjc<fts  b(irnwithii>  the  realm, 
to  all  intents  and  piirpofes,  which  Lire  rightly  given  foreign- 
ers, by  parliament,  after  refiding  fcven  years.  Thefe  ex- 
prcTions  of  parliament,  as  wpll  as  oi  the  charters,  mud  be 

vain 

•  '^ee  Locke  on  Cnvummtnt.  B    !f.  C  w. 
f  Sec  the  couveaiioii,  aod  afti  coofiiminjj  it. 


M 


[   38  ] 

vain  and  empty  founds,  unlefs  we  are  allowed  the  effential 
rights  of  oar  fellow-fubjefts  in  Great-Britain. 

Now  can  there  be  any  liberty,  where  property  is  taken 
•way  without  confent  ?  Can  it  with  any  colour  of  truth, 
jaftice  or  equity,  be  affirmed,  that  the  northern  colonies  are 
reprefenred  in  parliament  ?  Has  this  whole  continent  qf 
near  three  thoufand  miles  in  length,  and  in  which  and  his 
other  American  dominions,  his  Majefty  has,  or  very  foon 
will  have,  fome  millions  of  as  good,  loyal  and  uffeful 
fubjefts,  white  and  black,  as  any  in  the  three  kingdoms,  th« 
cicaion  of  one  member  of  the  houfe  of  commons  ?       ^ 

Is  there  the  Icalt  difference.as  to  the  confent  of  the  Co- 
lonifts, whether  taxes  and  impofitions  Arc  laid  on  ihcif  trade, 
and  other  property,  by  the  crown  alone,  or  by  the 
parliament.  As  it  is  agreed  on  all  hands,  the  Crown 
alone  cannot  impofe  them,  we  fliould  be  joftifiable  in  re- 
fufing  to  pay  them,  but  muft  and  ought  to  yield  obedieftce 
to  an  aft  of  parliament,  tho'  erroneous.  *till  repealed. 

1  can  fee  no  reafon  to  doubt,   bat  that  the  impofition  of 
taxes,  whether  on  trade,  or  on  land,  or  houfes,  or  fhips,  on 
real  or  perfonal,  fixed  or  floating  property,  in  the  colonies, 
19  abfolutely  irreconcileable  with  the  rights  of  the  Colonifts, 
as  Britifh  fubjefts,  and  as  men.     I  fay  men,  for  in  a  ftatc 
of  nature,  no  man  can  take  my  property  from  me,  without 
my  confent  :  If  he  does,  he  deprives  me  of  my  liberty, 
and  makes  me  a  flave.     If  fuch  a  proceeding  is  a  breach  oi 
the  law  of  nature,  no  law  of  focieiy  can  make  ii  juft— The 
very  aft  of  taxing,  exercifed  over  thofe  who  are  not  repre- 
fenied,  apnears  to  me  to  be  depriving  them  of  one  of  their 
mod  eflential  rights,  as  freemen  ;  and  if  continued,  fcems 
10  be  in  effea  an  entire  disfranchifement  of  every  civil  right. 
For  what  one  civil  right  is  worth  a  ruih,  after  a  man's  pro- 
perty is  fubjeft  to  be  taken  from  him   at  pleafure,  without 
liis  confent.     If  a  m^n  is  not  his  own  a/c//br'm  perfon,  or 
by  deputy,  his  liberty  is  gone,  or  lays  intirely  at  the  mercy 
ofotiiers. 

I  think  I  have  heard  it  faid,  that  when  the  Dutch  are 
afked  why  they  enflave  their  colonies,  their  anfwcr  is, 
that  the  liberty  of  Dutchmen  is  confined  to  Holland  ;  and 
that  it  was  neyer  intended  for  Provincials  in  America,  or 
any  where  clfe.    A  fcmiment  this,  very  worthy  of  modern 

Dutchm«in  5 


allowed  the  eflentul 
Britain. 

re  property  is  taken 
any  colour  of  truth, 
northern  colonies  arc 
whole  continent  of 
nd  in  which  and  his 
\y  has,  or  very  foon 
id,  loyal   and  ufeful 
e  three  kingdoms,  the 
of  commons  ? 
le  confent  of  ihc  Co- 
^rc  laid  on  thei>  trade, 
1  alone,    or   by  the 
1    hands,   the  Crown 
d  be  joftifiable  in  re» 
ht  to  yield  obedieftce 
s.  *till  repealed, 
that  the  impofition  of 
)r  houfes,  or  (hips,  on 
jerty,  in  the  colonies, 
rights  of  the  Colonifts, 
y  men,  for  in  a  flatc 
;rty  from  me,  without 
es  me  of  my  liberty, 
occeding  is  a  breach  of 
;an  make  it  juft— The 
jfe  who  are  not  repre- 
r  them  of  one  of  their 
J  if  continued,  fcems 
lent  of  every  civil  right, 
ufh,  after  a  man's  pro- 
1  at  pleafure,  without 
n  ajfeffor'ni  perfon,  or 
s  intirely  at  the  mercy 

;  when  the  Dutch  are 
inies,  their  anfwcr  i^ 
fined  to  Holland  ;  and 
incials  in  America,  or 
very  worthy  of  modern 
PuTchmfln  ; 


[     39    1      ' 

Dutchmen  ;  but  if  their  brave  and  worthy  anceftors  had 
cntenained  fuch  narrow  ideas  oflibcity,  leven  poor  and 
diftrefled  provinces  would  never  have  aflcrted  their  rights  a* 
gainft  the  whole  Spanilh  monarchy,  of  which   the  prefent 
is  but  a  fljadow.     It  is  to  be  hoped,  none  of  our  fellow 
fubiefts  of  Britain,  great  or  finall,  have  borrowed  thisDutch 
maxim  of  pUntation  politics;  if  they  have,  they  had  better 
return  it  from  whence  it  came  ;  indeed  they  had.    Modern 
Dutch  or  French  maxims  of  ftate,  never  will  fuit  with  a 
Briiifti  conftixution.     It  is  a  maxim,  that  the  King  can  do 
no  wrong ;  and  every  good  fubjeft  is  bound  to  believe  his 
King  is  not  inclined  to  do  any.  We  are  bleiTed  with  a  prince 
who  has  given  abundant  demonftrations,  that  in  all  his  afti- 
oos,  he  ftudies  the  good  of  his  people,  and  the  true  glory  of 
his  crown,  which  are  infeparable.     It  would  therefore,  be 
the  higheft  degree  of  impudence  and  diiloyalty  to  maagiac 
that  the  King,  at  the  head  of  his  parliament,  could  have  any, 
but  the  mofl  pure  and  perfeft  intenticns  of  juHice,  goodnefs 
and  truth,  that  human  nature  is  capable  of.     All  this  1  fay 
and  believe  of  the  King  and  parliament,  in  all  their  ads; 
even  in  that  which  fo  nearly  affefts  the  intercft  of  ,ibe 
colonills  ;    and  that    a   moft  perfeft  and  ready    obedi- 
ence is  to  be   yielded   to  it,   while  it  remains  in  force. 
1  will  go  further,  and  readily  admit,  that  the  intention  of 
the  miniftry  was  not  only  to  promote   the  public  good, 
by  this  aft  ;  but  that  Mr.  Chatvcellor  of  the  Exchequer 
had  therein  a  particular  view  to  the  "  eafe,  the  quiet,  and 
the  good  wUl  of  the  Colonics,"  be  having  made  this  decb- 
rarion  more  than  once.     Ye:  1  hold  that  'tis  poflible  he  JWay 
have  erred  in  his  kind  inteniioos  towards  the  Colonies,  and 
taken  away  our  filh.  and  given  us  a  llone.     With  regard 
to  the  parliament,' ^s  infallability  belongs  not  to  mortal^ 
'tis  poflTibie  they  may  have  been  midnformed  and  deceived. 
The  power  of  parliament  is  uncontroulable,  but  by  tbefo* 
felves,  and  we  mult  obey.     They  only  can  repeal  <beir 
own  aQs.     There  would  be  an  end  of  all  goyeraraeiar,  i^ 
oxie  or  a  number  of  fubjcas  or  fubardinate  provinces  ihouW 
take  upon  them  fb  far  to  judge  of  tlie  juftice  of  aD  sS  of 
parliauient,  as  to  rcfafe  obedience  to  ix.     If  there  was  .no- 
thing elie  to  reRrain  fuch  a  Hep.  prudence  ought  to  do  it, 
fur  Wcably  rcGain]T't]je  parliflmenJ  and  xhc  tin^^  laws. 


[     4-0    ] 

is  high  trcafoM.  Therefore  let  thfc  parliament  by  what 
burthens  they  pleafe  on  us,  we  mutt,  it  is  our  duty  to  fubffiTt 
and  patiently  bear  them,  till  they  will  be  plcafed  to  relieve 
us.  And  tis  to  be  prefumed,  the  wifdbm  and  jofticc  of  that 
jiuguft  n{Tembly,  always  will  afford  us  relief  by  repealing 
I'uch  afts,  as  through  miflake,  or  other  human  infirmities, 
have  been  fuffered  to  pafs.if  they  can  be  convinced  that  their 
proceedings  are  not  conftitutional,  or  not  for  the  common 
good. 

The  parliament  may   be   deceived,    they    may    have 
been   mifinformed  of  fafts.  and  the  colonics    may    in 
rrtany   refpefts  be  mifreprefented  to   the  King,  his  parlia- 
ment, and  his  miniftry.     In  fome  irtftances,  I  am  well  aA 
fured  the  colonies  have  been  very  ftrangely  mifreprefented 
in  England.     I  have  now  before  me  z  pamphlet,  called 
the  "adminiflration  of  the  colonies,"  faid  to  be  written  by  a 
gentleman  who  formerly  commanded  in  chief  in  one  of 
them.     I  fuppofe  this  book  was  defigned  for  public  infor- 
mation and  u(e.     There  are  in  it  many  good  regulations 
propofed,  which  no  power  can  enforce  but  the  parliament. 
From  all  which  I  infer,  that  if  our  hands  are  tied  by  the 
palTing  of  an  aft  of  parliament,  our  mouths  are  not  floped, 
provided  wc  f'pcak  of  that  tranlcendent  b(»dy  with  decency, 
as  I  have  endeavoured  always  to  do  ;  and  fliould  any  thing 
havcelcaped  me.or  hereafter  fall  from  my  pen, that  bears  the 
leaft  afpeft  but  that  of  obedience,  duty  and  loyalty  to  the 
King&  parliament,  and  the  highcfl  refpeft  for  thcminidry, 
rhecanilidwill  impute  it  to  the  agony  of  my  heart,rather  than 
vo  the  pravity   of  my   will.     If    1  have  one  ambitious 
wifh,  'tis  to  fee  Great-Britain  at  the  head  of  the  world,  and 
to  fee  my  King,  under  God,  the  father  of  mankind.     I 
pretend  neither  to  the  fpirit  of  prophecy,  nor  any  uncom- 
mon fkill  in  predicting  a  Crilis,  much  lefs  to  tell  when  it 
begins  to  be  "  na/cent*'  or    h   fairly  midwiv'd  into  the 
world.     But  if  1  were  to  fix  a  meaning  to  the  two   firfl 
paragraphs  of  the  adminijlrction  of  the  colonies,  tho'    I 
do  not  coUcft  it  from  them,  I  fhould  fay  tlie  world  was  at 
the  eve  of  the  highefl  fcene  of  earthly  power  and  gran- 
deur that  has  been  ever  yet  diCplayed  to  the  view  of  man- 
kind.    The  cards  are  flmffling  fall  thro'  all  Europe,     'Who 
will  win  the  prize  is  with  God.     This  however  1  know, 

detur 


f 


larliamcnt  by  what 
is  our  duty  to  fubmit 
>e  plcafed  to  rdievc 
n  and  jofticc  of  that 
relief  by  repealing 
r  human  infirnriities, 
I  convinced  that  their 
lot  for  the  common 

,  they  may  have 
colonics  may  in 
the  King,  his  parlia- 
Vces,  I  am  well  aA 
igely  mifreprefcnted 
a  pamphlet,  called 
id  to  be  written  by  a 
in  chief  in  one  of 
led  for  public  infor- 
ly  good  regulations 
but  the  parliament, 
nds  are  tied  by  the 
ouths  are  not  ftoped, 
b(»dy  with  decency, 
md  fliould  any  thing 
ny  pen, that  bears  the 
f  and  loyalty  to  the 
beft  for  thcminiHry, 
myheart,ratherthan 
have  one  ambitious 
ad  of  the  world,  and 
ler  of  mankind.  I 
:cy,  nor  any  uncom- 
lefs  to  tell  when  it 
r  midwiv'd  into  the 
ing  to  the  two  firft 
the  colonies,  tho'  I 
fay  the  world  was  at 
ily  power  and  gran- 
to  the  view  of  man- 
3*  all  Europe,  Who 
is  however  1  know, 


[     41      J 

detur  di^^nlori.  The  next  univerfal  monarchy  will  be 
•favourable  to  the  human  race,  for  it  mult  be  founded  on 
the  jirinciplcs  of  equity,  nioderatim  and  juRice.  No 
country  has  been  more  t!Jfiin<  uiflicu  lor  thcfe  principles 
than  Great-Britain,  fince  the  revolution.  1  take  it,  every 
fub^eft  has  a  ric^ht  to  give  his  lentiments  to  the  public,  of 
the  utility  or  inutility  of  any  aft  whatfoever,  even  after  ic 
is  paded,  as  well  as  while  it  is  pending. — The  equity  and 
jaltice  of  a  bill  may  be  qufflioned,  ^vith  perfeft  fubmiffion 
to  the  Icgiflature.  Rcafons  may  be  given,  why  an  aft  ought 
10  be  repeal'd,  &  yet  obedience  mult  be  yielded  to  it  till  that 
repeal  takes  place.  If  the  rcafons  that  can  be  given  againfl 
an  aft,  are  (uch  as  plainly  dcmonfltate  that  it  is  againft  tiatu- 
ral  equity,  the  executive  courts  will  adjudge  (uch  aft  void. 
It  may  be  qucftiond  by  fbme,  tho'  I  make  no  doubt  of  it, 
wheti:er  they  are  not  obliged  by  their  oaths  to  adjudge  fuch 
aft  void.  If  there  is  not  a  right  of  private  judgment  to  be 
cxercifed,  fo  far  at  leaft  as  to  petition  for  a  repeal,  or  to  de- 
termine the  expediency  of  rificing  a  trial  at  law,  the  parlia- 
ment might  make  i^lclf  arbitrary,  which  it  is  conceived  ic 
can  not  by  theconflitutiou. — 1  think  every  man  has  a  right 
to  examine  as  freely  into  the  vjrigin,  fpring  and  foundation 
oFcvery  power  and  mcafure  in  a  commonwealth,  as  into  a 
piece  of  curious  maciiincry,  or  a  remarkable  phenomenon  in 
nature  ;  and  that  it  ought  to  give  no  more  oflcnce  to  fay, 
the  parliament  have  erred,  or  are  miRiken,  in  a  matter  of 
faft  or  of  right,  than  to  fay  it  of  a  private  man,  if  it  is  true 
of  both.  If  the  affertion  can  be  proved  with  regard  to  ei- 
ther, it  is  a  kindnefs  done  them  to  (how  them  the  truth. 
With  regard  to  the  public,  it  is  the  duiy  of  every  good  citi- 
zen to  point  out  what  he  thinks  erroneous  in  the  coiiimon- 
wealth. 

I  have  waited  years  in  hopes  to  fee  fome  one  friend  of 
the  colonic?  pleading  in  publick  for  them.  I  have  waited  m 
vain.  One  priviledge  is  taken  away  after  anotljer.and  where 
we  (hall  be  landed,  God  knows,  and  I  truft  will  prortft 
and  provide  for  us  even  fh.juld  we  be  driven  and  perf'^- 
cuted  into  a  more  weltern  wildernefs,  on  the  ("core  ot 
liberty,  civil  and  leligious,  as  many  of  our  anceflors  ""ce, 
to  thefe  once  inhofpitable  (hores  of  America.  I  hnd  fo'-m- 
cd  great  expcft  itions  from  a  gentleman,  who  publilhed  bi<; 

F  f.rft 


[     4^     1 

firft  volume  io  quarto  on  the  right,  of  the  colonies  two 
yLlX  but,^s  he  forefaw     the  date  of  h.  heath 
,nd  affairs  have  prevented  his  further  progrcfs.     The  mis- 
fortune   is.    gentlemen    in  America     the  beft  oviahhed 
in  every  re^ft  to  ibte  the  rights  of  the  colonifls    have 
reafons  that  prevent  then  from  cngag.ng  :  f ^'^<^  f /h/^?! 
have  good  ones.     There  are   many  mhn.tcly   better  able 
to  ferve  this  caufe  than  I  pretend  to  be ;  but  from  mdolencc, 
from  timidity,   or  by  ncceffary  engagemenis.  they  arc  pre- 
vented.    There  has  been  a  moft   profound,  and   1  thmic 
Sameful  fdencc.   till  it  fcems  almoft  too  late  to  aflert  our 
indifputable  rights  as   men  and  as  citizens      What  mull 
poffty  think 'of  u..     The  trade  of  the  whole  continent 
UKod  by  parliament,  ftamps  and  other  nuernal  duties  and 
taxes  as^th%  are  called,  talked-of.  and  not  one  petuion 
to  the  Kinc  and  Parliament  for  Tcliet. 
"  I  canno?  but  obferve  here,  that  i^»?»^P•':^;«7,"f^^^^^^^^^ 
an  equitable  right  to  tax  our  trade,  /t,,  md.fputable  that 
thev  have  as  good  an  one  to  tax  the  lands,   and  every 
S  elfe      The  taxing  trade  furnllhes  one  reafon  why 
K'  ihould  be  ta'xed.  or  elfe  the  burdens  of  the 
province  will  be  unequally  ^orn.  upon  a  fuppofi  .on  iha 
I  tax  on  trade  is  not  a  tax  on  the  wV>Ple.     Bu     take  it 
either  way  there  is  no  foundation  for  the  d.fl.oa.on  fome 
make  Tn  LgUnd,  between  an  internal  and  an  external  tax 
^n  the  colonies.     By  the  firft  is  meant  a  tax  on  trade,  by 
the  latter  a  tax  on  land,  and  the  things  on  it.     A   tax  on 
trade  is  either  a  tax  of  every  man  in  the  provnce.  o     t.s 
not      If  'tif'  not  a  tax  on  the  whole,  'tis  unequal  a^id  un- 
iuft   that  a  heavy  burden  (hoald  be  laid  on  the  trade  of  the 
iobn'e     to  .naLin  an  army  of   <fldier3.  cuftom-houfe 
officers,  and  fleets  of  guard-lhips;, all  which,  the  mcome 
of  both  trade  and  land  would  not  furnifti  means  to  iuoport 
fo  lately  as  the  laft  war.  when  all  was  at  fbkc,  and  the 
colonies  were  rcimburfed  in  part   by  parliament      How 
can  it  be  fuppofcd  that  all  of  a  (udden  the  trade  of  the 
coUie.  alone  can  bear  all  this  terrible  burden.     1  he  late 
acquifitions  in  America,  as  glorious  as  they  have  been,  ami 
as  beneficial  as  they  are  to  Great-Br.tam.  -"-J  ""'Y,^  Jf* 
curity  tothefe  colonics  againft  the  ravages  of  the  French 
andlndians.     Our  trade  upon  the  whole  is  not,  I  ^^  >^^^' 


the  colonies  two 
ate  of  his  health 
grcfs.  The  mif- 
he  beft  qualified 
\c  colonifls,  have 

:  Some  of  them 
litcly  better  able 
vit  from  imlolence, 
:nis,  they  arc  prc- 
and,  and  I  think 
I  late  to  afliert  our 
:ens.  "What  muft 
le  whole  continent 
internal  duties  and 

not  one  petition 

le  p»rli«nient  have 
I  ij^difputable  that 

lands,  and  every 
s  one  reafon  why 
le  burdens  of  the 

a  fuppofition  that 
iple.  but  take  it 
ic  diflioftion  fome 
and  an  <fxternal  tax 
t  a  t»x  on  trade,  by 

on  it.  A  tax  on 
he  province,  or  'tis 
tis  unetjual  ajid  un- 
on  the  trade  of  the 
diers.  cuftom-houfe 
which,  the  incomes 
ifti  means  to  I'unport 
s  at  (bkc,  and  the 

parliament.  How 
n  the  trade  of  the 
;  burden.  The  late 
they  have  been,  and 
tain,  arc  only  a  fc- 
ivagcs  of  the  French 
Ic  is  not,  I  beliave, 
beneficed 


[     43     ] 

benefited  by  them  one  groat.     All  the  time  the  French 
Iflands  were  in  our  hands,  the  fine  fugars,  &c.  were  a  I 
ihippedhome.     None  as  I  have  been  informed  were  al- 
lowed to  be  bro't  to  the  colonies.     They  were  too  delici- 
ous  a  morfel  for  a  North  American  palate.     If  it   be  faid 
that  a  tax  on  the  trade  of  the  colonies  is  an  equal   and 
iuft  tax  on  the  whole  of  the  inhabitants :  What  then  be- 
comes of  the  notable  diftinftion  between  external  and  m- 
teraal  taxes  ?    Why  may  not   tlie  parliament  lay  flamps, 
land  taxes,  eftablifh  tythes  to  the  church  of  England,  and 
fo  indefinitely.     1  know  of  no  bounds.     I  do  not  men- 
tion the  tythes  out  of  any  difrrfpcft  to  the  church  othng- 
land,   which  1  eltecm  by  far  the  beft    national  church, 
and   to    have   had   as    ornaments   of     it   many    ot    the 
areateft  and  bcR  n»cn  in  the  world.     But  to  thole  colonies 
who  in  general  diffcnt   from  a  principle  of  conlcience,   it 
would   fecm  a   little  hard  to  pay  towards  the  fupport  ot  a 
worfliip,  whole  modes  they  cannot  conform   to. 

if  an  army  muft  be  kept   up  in  America,  at  the  ex- 
pence  of  the   colonies,  it  would  not  (ccm  quite  fo  hard  it 
after  the  parliament  had  determined  the  lum  to  be  railed, 
andappriioned  it,  to  have  allowed  each  colony  to  aOels  its 
quota,  and  raife  it  as  eafily  to  ihemfelvcs  as  might  be.    »«t 
?o  have  the  whole  levied  and  collefted  without  our  conlent 
is  extraordinary.     'Tis  allowed  even    to  tabutartes,  and 
ihofe  laid  under  military  contribution,  to  aflels  and  collect 
the  fums  demanded.     The  cafe  of  the  provinces  is  certam- 
ly  likely  to  be  the  hardeft  that  can  be  inftanced  in  liory. 
Will  it  not  equal  any  thing  but  down  right  military  execu- 
tion ?  Was  there  ever  a  tribute  impofed  even  oo  the  con- 
quered ?  A  fleet,  an  army  of  foldiers,  and  another  ol  tax- 
gatherers  kept  up,  and  not  a  fingle  office  either  for  Iccunng 
or  collefting  the  duty  in  the  gift  of  the  tributary  ftate. 

I  am  aware  it  will  be  objeftea,  that  the  parliament  ot 
England,  and  of  Great  Britain,  fince  the  union,  have  trom 
early  days  to  this  timcmadeafts  to  bind  if  not  to  taxireland  ; 
I  anfwcr,  Ireland  is  a  contjuer ed  coy^nixy.  I  donot.howcver. 
lay  fo  much  ftrifs  on  this }  for  it  is  my  opinion,  that  a  ««■ 
^«W  country  has,  upon  fubmifflon  and  good  behaviour, 
the  fame  right  to  be  free,  under  a  conqueror,  as  the  relt  ot 
his  fubiefts.     But  the  old  notion  oUVtrtght  of  tenqttefl, 

F  2  -  '•'* 


[    44    1 

has  been,  In  mort  nations,  the  caufe  of  many  feverities  and 
heinous  breaches  of  the  law  of  nature  :  If  any  fuch  have 
taken  place  with  regard  to  Ireland,  they  fliould  form  no 
precedent  for  the  colonies.  The  fubordination  and  depen- 
dency of  Ireland  to  Great  Britain,  is  exprclly  declared  by 
aift  of  parliament,  in  the  reign  of  G.  i(t.  The  fub- 
onliiuniiii  of  the  Colonies  to  Great  Britain,  never 
was  Jouoied.  by  a  Lawyer,  if  at  all  ;  vinlefs  perhaps  by 
the  -ich.jr  of  rhe  udminil^ration  of  the  colonies  :  He  indeed 
f(  wake  a  moot  point  of  it,  whether  the  colony    le- 

il.  I'Ower  is  as  independent  "  as  the  legiflativc  G  resit 

rituia  holds  by  Its  coiiftitution.  and  under  the  great  char- 
ter.**—The  people  hold  under  the  great  charter,  as  'tis  vul- 
garly exprcHed  from  our  law-books  :  But  that  the  King 
and  parliament  Ihould  befaid  to  hold  under  Alag'ia  Chariq. 
is  as  new  to  me,  as  it  is  to  quedion  whether  the  colonies 
arc  yJ/^<9ri;//rt//?  to  Great  Britain.  The  provincial  legifla- 
tivc is  unqucflionably  fubordinatc  to  that  of  Great  Britain. 
I  Ihall  endeavour  more  fully  to  explain  the  nature  of  that 
fubordination,  which  has  puzzled  fo  many  in  their  enquiries. 
It  is  often  very  difficult  tor  great  lovers  of  power, and  great 
Jovers  of  liberty,  neither  of  whom  may  have  been  ufed  to 
the  ftndy  of  law,  in  any  of  its  branches, to  fee  the  difference 
between  fubordination,  abfolute  flayery  and  fubjeflion,  on 
one  fide  ;  and  liberty,  independence  and  licencioufnefs,  qn 
the  other.  We  fliould  endeavour  to  find  the  middle  road, 
and  confine  ourfclves  to  it.  The  laws,  the  proceedings  of 
parlianeat,  and  the  deciHons  of  the  judges,  relating  to  Ik" 
land,  will  rcflefl  light  on  fhis  I'ubjeft.rendered  intricate  onjy 
by  art. 

"  Ireland  being  of  itfelf  a  difiinft  dominion,  and  no 
part  of  the  kinj^dom  of  England  (as  it  direftly  appeareth 
by  many  aiuhcritics  in  Calvin's  cafe)  was  to  have  Parlia- 
ments holdcn  there  as  in  England*"  4  In(l.  349. 

Why  fhould  not  the  colonies  have,  why  are  they  not 
entitled  to  their  afTcmblies,  or  parliamerits,  at  leaff,  as  well 
38  a  conquered  dominion  ? 

'*  Wales,  after  the  conqueft  of  it,  by  Edward  the  firf^, 
was  annexed  to  Englrsiid,  jure  proprietatis,  12  Ed.  i.  by 
the  llatnte  of  Rutland  only,  and  after,  more  really  by  27 
H.  8.  and  34,  but  at  firit  received  laws  from  England,  as 

Ireland 


any  fcverities  and 
If  any  fuch  have 
'  fliould  form  no 
ination  and  clepcn- 
prcily  deplaned  by 
1(1  The  fub- 
t  Britain,  never 
unlcfs  perhaps  by 
Ionics :  He  indeed 
er  the  colony  le- 
e  legiflativc  Grc:»t 
er  the  great  char- 
charter,  as  'tis  vul- 
But  that  the  King 
ler  Alag'ia  Chartq. 
ether  the  colonies 
provincial  Icgifla- 
of  Great  Britain, 
the  nature  of  that 
f  in  their  enquiries, 
of  power, and  great 
have  been  ufed  to 
)  fee  the  difference 
and  fubjeflion,  on 
licencioufncfs,  qn 
\  the  middle  road, 
the  proceedings  of 
es,  relating  to  Ire- 
ered  intricate  on|y 

dominion,  and  no 
direftly  appeareth 
IS  to  have  Parlia- 

4  I"<^-  349- 
why  are   they  not 

\,  at  leaO,  as  well 

'  Edward  the  firft, 

jtis,   12  Ed.  I.  by 

more  really  by  zj 

from  England,  as 

Ireland 


[     4i     1 

Ireland  did  ;  but  wi'its  proceeded  not  out  of  the  Englifhi 
chancery,  but  they  had  aCbancery  pf  their  own,  as  Ireland 
hath  ;  was  not  bound  by  the  laws  of  England,  unnamed 
until  2  7  H.  8.  no  more  than  Ireland  i?.  • 

Ireland  in  nothing  differs  from  it,  but  having  a  parlia- 
ment ^ra/za  Regis  (i.  c.  upon  the  old  notion  of  conquell) 
(ijbjcft  (truly  however)  to  the  parliament  of  England.  None 
doubts  Ireland  as  much  conquered  as  it  ;  and  as  much  fiih-> 
jed  to  the  farliamsnt  of  England,  if  it  flea/e.*' 

Vaughan,  300. 

A  very  flrong  argument  arifes  from  this  authority,  in 
favour  of  the  unconcjuered  plantations.  M  fince  Wales  was 
annexed  to  England,  they  have  had  a  rcprefentation  in  par- 
liament, as  they  have  to  this  day  ;  and  if  the  parliament  of 
England  does  not  tax  Ireland^  can  it  be  right  they  fliould  tax 
t//,who  have  never  been  conquer ed,hui  came  fromEngland  to 
colonize, z^A  have  always  remained  good  fubjeiis  to  this  day? 

I  cannot  find  any  inftancc  of  a  tax  laid  by  the  Englifh 
parliament  on  Ireland.  "  Sometimes  the  King  of  England 
called  his  Nqbles  of  Ireland,  to  come  to  his  parliament  of 
England,  &c.  and  by  fpecial  words,  the  parliament  of  En- 
gland may  bind  the  fubjefts  of  Ireland" —  5  Infl.  350. — 

The  following  makes  it  clear  to  me,  the  parliament 
of  Great  Britain  do  not  tax  Ireland.  "  The  parlia- 
ment of  Ireland  having  been  prorogued  to  the  month 
of  Auguft  ««•*/,  before  they  had  provided  fir  the  main- 
tenance  of  the  government  in  that  kingdom^  a  projeil  was 
fet  on  foot  here  to  fupply  that  defeft,  by  retrenching  the 
drawbacks  upon  goods  exported  thither  from  England. 
According  to  this 'cheme,  the  2 2d,  the  houfe  in  a  grand 
committee.r onfidered  the  prefent  laws  with  refpeft  to  draw- 
backs upon  .obaccoes,  muflins,  and  Eaft  India  (ilks,  carried 
to  Ireland  ;  and  came  to  two  refokuion^,  which  were  re- 
ported the  next  day,  and  with  an  amendment  to  one  of 
theni  agreed  to  by  the  houfe,  as  follows,  Viz.  i.  That  three 
pence  pr  pound,  part  of  the  drawback  on  tobacco  to  be  ex- 
p(  rted  from  Great  Britain  for  Irelund,  be  t'..lien  oC 

2.  That  the  faid  diminution  of  the  drawback  do  take 
effeft  upon  iill  tobacco  exported  for  Ireland,  after  the  24 
of  March  171 3.  and  continu>«ntil  the  additional  duty  of 
tfirce  pence  halfpenny  per  ppt^iid  upon  tobacco  in  Ireland, 

expiring 


:b 


,1! 


ii 

(I 


[     46     J 

expiring  on  the  faid  241!!  of  March,  be  resranieJ :    Ant* 
ordered  a  bill  to  be  brought  in,  upon  the  faid  refolutions." 
Proceedings  of  Houfc  of  Commons,  Vol.  5.  72. 

This  was  conflitutionnl  ;  there  is  an  infinite  difference 
between  taking  off  Britilh  drawbacks,  and  impofing  Irilh  or 
other  Provincial  duties. 

"  Ireland  is  confidered  as  a  provincial  government,  fub- 
ordinate  to,  but  no  part  of  the  Realm  of  England,"    Mich, 
n.  G.  2.  in  cafe  of  OtwayandRamfay "  A£^s  of  par- 
liament made  here,  (i.  c.  in  England)  extend  not  to  Ireland, 
unlefs  particularly  named  ;  much  lefs   judgments  obtained 
in  the  courts  here  ;  nor  is  it  poflible  they  (hould,  becaufe 
wc  have  no  officers  to  carry  them  into  execution  there."  ik 
The  firft  part  feeras  to  be  applicable  to  the  plantations 
in  gcneral,the  latter  is  not;  for  by  realbn  of  charter  referva- 
tions  and  particular  afts  of  parliament,  fome  judgments  in 
England  may  be  executed  here,  as  final  judgments,  before 
his  Majefty  in  council  on  a  plantation  appeal,  and  fo  from 
the  admiralty. 

Ir  feems  to  have  been  difputed  in  Ireland,  fo  lately  as  the 
6  Geo.  I.  Whether  any  aft  of  theBritifh  parliament  bound 
Ireland  ;  or  at  leaft  it  was  apprehended,  that  the  undoubted 
right  of  the  Britilh  parliament  to  bind  Ireland,  was  in  dan- 
ger of  being  ftiaken  :  This,  I  prcfume,  occafioneU  the  aft 
of  that  year,  which  declares,  that  "  the  kingdom  of  Ire- 
land ought  to  be  fubordioate  unto  and  dependent  upon  the 
Imperial  Crown  of  GreatBritain,  as  being  infeparablv  unit- 
ed thereto.     And  the  King's  Majefty,  with  the  confcnt  of 
the  lords  and  commons  of  Great  Britain  in  parliament,  hath 
power  to  make  laws  to  bind  the  people  of  Ireland."—  This 
parliamentary  power  muft  have  fome  bounds,   even  as  to 
Ireland,  as  well  as  the  colonies,  who  are  admitted  to  be  fub- 
ordinatc  al^  imtio  to  Great  Britain  ;  not  as  conquered,  but  at 
emigrant  fubje6b.     If  this  aft  {hould  be  faid  to  be  a  decla- 
ration not  only  of  the  general,  but  of  the  univerfal  power 
of  p:'rliaiv.enr,  and  that  they  may  taxireland,  I  alk.  Why  it 
has  never  been  done  ?  If  it  had  been  done  a  ihoufand  times, 
it  would  be  a  contradiftion  ,to  the  principles  of  a  free  go- 
vernment ;   and  what  is  worfe,  deftroy  all  fubordlnation 
confident  with  freedom,  and  reduce  the  people  lo/la^Jtry. 

To 


)C  regranlei :  ^x\i 
le  faiu  refolutions." 
nons.  Vol.  5.  72. 

n  infinite  difference 
md  jinpofing  Irilh  or 

al  government,  fub- 
f  England,"    Mich. 

r "  A£^s  of  par- 

Ktcnd  not  to  Ireland, 

judgments  obtained 
:hey  fhould,  becaufe 
execution  there."  ib. 
le  to  the  plantations 
in  of  charter  rcferva- 

fome  judgments  in 
al  judgments,  before 
appeal,  and  fofrom 

eland,  fo  lately  as  the 
tifli  parliament  bound 

d,  that  the  undoubted 
I  Ireland,  was  in  dan- 

e,  occafioned  the  aft 
the  kingdom  of  Ire- 
I  dependent  upon  the 
>eing  infeparably  unit- 
',  with  the  conlcnt  of 
lin  in  parliament,  hath 
e  of  Ireland."— This 
i  bounds,   even  as  to 
ire  admitted  to' be  fub- 
ot  as  conquered,  but  as 
be  faid  to  be  a  dccla- 
if  the  univerfal  power 
Ireland,  1  a(k.  Why  it 
done  a  ihoufand  times, 
iciples  of  a  free  go- 
[Iroy  all  fubordination 
he  people  \o/la"Jtry. 

To 


[     47     ] 

To  fay  the  parliament  is  abfolute  and  arbitrary,  is  a  con- 
tradiftion.    The  parliament  cannot  make  2  and  2,  5  :  Oni- 
ni  potency  cannot  do  it.     The  fu  or  erne  power  in  a  ftate,  is 
jut  dicer e  only  '.—jus  dare,  ftriftly  lj)caking,  belongs  alone 
to  God.    Parliaments  are  in  all  cafes  to  declare  what  is 
for  the  good  of  the  whole  ;  but  it  is  not  the  declaration  of 
parliament   that  makes  it   fo;  There  muft  be  in  every 
inftance,  a    higher  authority,  viz.  GOD.     Should   an 
aft   of  parliament  be    againft  any  of    his  natural  laws, 
which  are  immutably  true,  tbetr  declaration  would  be  con- 
trary to  eternal  truth,  equity  and  juftice,  and  confequently 
void  :  and  fo  it  would  be  adjudged  by  the  parliament  itfclf, 
when  convinced  of  their  millake.     U|X)n  this  great  princi- 
ple, parliaments  repeal  fuch  afts,  as  (oon  as  they  find  they 
have  been  miftaken,  in  having  declared  them  to  be  for  the 
public  good,  when  in  faft  they  were  not  fo.     When  fuch 
miftake  is  evident  and  palpable,  as  in  the  inflances  in  the 
appendix,  the  judges  ot  the  executive  courts  have  declared 
the  aft  "  of  a  whole  parliament  void."     See  here  the 
grandeur  of  the  Britifli  conftitution  !  See  the  wifdom  of  our 
anceflors  !  The  fupreme  legiflative,  and  the  fupreme  ese- 
culive,  ire  a  perpetual  check  and  balance  to  each  other. 
If  the  fupreme  executive  errs,  it  is  informed  by  the  fupreme 
legiflative  in  parliament :  If  the  fupreme  legiflative  errs, 
it  is  informed  by  the  fupreme  executive  in  theKing's  courts 

of  law. Here,  the  King  appears,  as  reprefented  by  his 

judges,  in  the  higheft  luflrc  and  majefty,  as  fupreme  exe- 
cutor of  the  commonwealth  ;  and  he  never  fhines  brighter, 
but  on  his  Throne,  at  the  head  of  the  fupreme  legiflative. 
This  is  government !  This,  is  a  conflitution  !  to  preferve 
which,  either  from  foreign  or  domcftic  foes,  has  colt  oceans 
of  blood  and  treafure  in  every  age  ;  and  ihe  blood  and  the 
treafurc  have  upon  the  whole  been  well  fpenr.     Britifii 
America,  hath  been  bleeding  in  this  caufe  from  its  fettle- 
ment :  We  have  (pent  all  we  could  raife,   and  more ;  for 
notwithftanding  the  parliamentary  reimburfemcnts  of  part, 
wc  ftill  remain  much  in  debt.  The  province  of  ihtMaJfachu- 
fetis,  I  believe,  has  expended  more  men  and  money  in  war 
(ince  ihe  year   1620,   when  a  few  families  firfl  landed  at 
Plymourh,  in  proportion  to    their  ability,   than  the  three 
Kingdoms  together.     The  fame,  I  believe,  may  be  truly 

sffirmeJ. 


J 


;  % 


1 


[    48    ] 

affirmed,  of  many  of  the  other  colonies ;  tho'  the  Majpi- 
chufetti  has  undoubtedly  had  the  hcavicft  burthen.  This 
may  be  thought  increaible :  but  matcriats  arc  collecting ; 
and  tho'  fi)mc  are  loO,  enough  may  remain,  to  dcmon- 
flrate  it  to  the  world.  1  have  rcafon  to  hope  at  Icaft, 
rhat  the  public  will  foon  {^.c  fuch  proofs  exhibited,  as  will 
fhow,  that  I  do  not  fpeak  quite  at  random. 

Why  then  is  it  thought  (b  heinous  by  the  author 
of  the  adininidration  of  the  colonies,  and  others, 
that  the  coionins  /hould  afpire  after  "  a  one  whole 
legillative  power"   not   independent   of,    but  fubordinate 

to  the  laws  and  parliament  of  Great-Britain  ? It  is  a 

niiftake   in   this  author,  to  bring  fo  heavy  a  charge  as  high 
treajon  ngainft  fome  of  the  colonKls,  which  he  does  in  effcft 
in  this  place,*  by  reprefenting  them  as  "  claiming  in  faft 
or  indeed,  the   fame  full    free  independent  unreftrained 
power  and  legiflative  will,  in  their  feveral  corporations,  and 
under  the  King's  commiffion,  and  their  refpeftive  charters, 
as  the  government  and  legiflature  of  Great- Britain  holds 
by  its  conOitution  and  under  the  great  charter."    No  fuch 
claim  was  ever  tho't  of  by  any  of  the  colonifls.     They  arc 
•all  better  men  and  better  fubjeij^s;  andmany  of  them  too  well 
vcrfed  in  the   laws  of  nature  and  nations,  and  the  law  and 
conltitution  of  Grcat-Eritain,  to  think  they  have  a  right  to 
more  than   a  provincial  fubordinate  legiflative.     All  power 
is  of  GOD. «    Next  and  only  fubordinate  to  him,  in   the 
prefcnt  ftate   of  the   well-formed,  beavtifully  conftru£tcd 
Britifh  monarchy,  (landing  where  I  hope  it  ever  will  fland, 
for  the  t)illars   arc  fixed  in  judgment,  righteoufnefs  and 
iriuh,  is  the  King  and  Parliament.     Under  thcfc,   it  feem$ 
eafy  to  conceive  fubordinate  powers  in  gradation, till  we  dtt{' 
cend  to  the  legiflative  of  a  town  council,  or  even  a  privatft 
fbcial  club.  Thefehave  each  "  a  one  whole  legiflative"  fub- 
ordinate, which,  when  it  don't  counteraft  the  laws  of  any  of 
its  fuperiors,  is  to  be  indulged.  Even  when  the  laws  of  fob- 
ordination  are  tranfgrcfled,  the  fuperior  docs  not  dcflroy  the 
fubordinate,  but  will  negative  itsafls,  as  it  may  in  all  cafes 
when  difapproved.     This  right  of  nvgative  is  edcntial,  and 
may  be  inforccd  :  But  in  no  cafe  are  the  tlleotial  rights  of 
ihe  fubjcfts,  inhabiting  the  fubordinate  dominions,   to  be 

"dcflroyed. 
*  Page  99  of  liic  adaiioidration. 


59 ;  iho'  the  Majfa- 
icft  burthen.  This 
rials  arc  collc^ing ; 
remain,  to  dcmon- 
n  to  hope  at  IcaO, 
fs  exhibited,  as  will 
om. 

ous  by  the  autlior 
)nies,  and  others, 
tr  "  a  one  whole 
)f,    but  fubordinate 

Britain  ? It  is  a 

avy  a  charge  as  high 
lich  he  does  in  effcft 
i  "  claiming  in  faft 
endeni  unreftrained 
ral  corporations,  and 
•  refpeftive  charters, 
Great- Britain  holds 
charter."  No  fuch 
olonifls.  They  are 
any  of  them  too  well 
)ns,  and  the  law  and 
they  have  a  right  to 
tjlauve.  All  power 
naie  to  him,  in  the 
utifully  conftruftcd 
po  it  ever  will  fland, 
t,  righreoufnefs  and 
ider  thcfe,  it  feem$ 
gradation, till  we  dit.{' 
cil,  or  even  a  private 
lole  Icgiflativc"  fub- 
ft  the  laws  of  any  of 
'hen  the  laws  of  lob- 
docs  not  dcftroy  the 
as  it  may  in  all  cafes 
ative  is  eflcntial,  and 
the  tlleotial  rights  of 
e  dominions,  to  be 
•dcftroyed. 


[    49    ] 

dcnroycd.     Thia  would  put  it  in  the  power  of  the  fuj)crior 
to  reduce  the  inferior  to  a  ftate  of  Ibvcry  ;  which  cannot 
be  richtfully  done,  even  with  conquertd  enemies  and  rebels, 
Afier  fatisfaaion  and  fccuriiy  is  obtained  ot  the  tor  mcr, and 
cva.«ples  are  made  of  fo  many  of  the  latter   as  the  em  s   of 
Rovcrnment  require,   the  reU  are  to  be  rcrtored  to   all  the 
eOlntial   rights  of  men  and  of  citizens.     1  his  is  the  great 
lawofnatiuc:  and  agreeable  to  this  law,  is   «he  conlhnt 
praaice  ot  all  good  and   mild  governments.     Tins  lenity 
ind  humanity  has  no  where  been  carried  further  thaii  m 
Great  Britain.     The  Gilonies  have  been  (o  remarkable  for 
lovalty.  that  there  never  has  been  any  inllance  of  rebellion 
or  treafon  in    them.     This  loyalty  is   in  very  handiome 
terms  acknowledjrod  by  the  author  of  the  adnunidratK.n  of 
the  colonies.  *•  Ir  has  beeti  often  fugi'.elted  that  care  fhould 
be  taken  in  the  adminiAration  of  the  plantations  lea.in  lomc 
future  time,  thcfe  colonies  (hould  become  independent  ot 
the  mother  country.     But  perhaps  it  may  bo  proper  on 
thi.  occafion.  nay,  it  is jurtice  to  fay  it,  that  if  by  becoming 
independent,  is  meant  a  revolt,  nothing  is  hrther  from  their 
nature,  their  intercft.  tneir  thoughts.     If  «  defeftion  from 
the  alltance  of  the  mother  country  be  r,ngd  ed.  it  ought  ft> 
be,  and  can  be  truly  faid.  that  their  fpint  abhors  the  fenfe 
ef  fuch  ;  their  attachment  to  the  proteaant  fuccellion   in 
the  houfe  of  Hanover,  will  ever  ftand  unQiaken  ;  arid  no- 
thing  can  eradicate  from  their  hearts:  their  natural  and  al- 
molt  mechanical,  afTcftion  to  Great  Britain,  which  they  con- 
ceive  under  no  other  fenfe.  nor  call  by  any  other  name  than 
that  oUome.     Any  fuch  fuggeltion.    therefore    is  a  falle 
and  unlua  afperfion  on  their  principles  and  afTcaions  ;  ami 
can  arifb  from  nothing  but  an  intirc  ignoranc?  of  the.r  cir- 
cumOances."^   After  all  this  loyalty,  it  is  a  li;tle  h.ml  to  be 
charged  with  e.laiming.  and  reprclemed  as  afpiring  a  ter  in- 
dependency. The  inconfiltency  of  this  1  leav«.     \\  e  have 
faid  that  the  loyalty  of  the  colonies  has  never  been  fufpcft- 
cd  ;  this  mua  be  rcftrifted  to  a  juft  fufpicion.     For  it  feemJ 
there  have  long  been  groundicfs  fufpieions  of  us   in  the 
minds  of  individuals.     And  there  have  always  been   rhufe 
vho  have  endeavoured  to  mngnify   thcfe  chimerical  fe-.rs. 
I  rind  Mr.  Dummcr  complaining  of  this  many  years^-nce. 

Q  i  here 

•  AdnuniflratioD,  p    25    26. 


lii 


[      50      ] 

*'  There  Is/ayslie.one  thing  more  1  havf  heard  often  urged 
againll  the  charier  colonics,  and  indeed  tis  what  one  meets 
with  from  people  of  ull  conditions  and  qiialitics.tho' wiihduc 
refpeft  to  their  belter  judgments,  1  can  fee  neither  realon 
nor  colour  for  it.  'Tis  fuid  tliat  their  incrcafing  numbers 
and  wealth,  joined  to  their  great  didance  from  Britain,  will 
give  them  an  op|)ortunity,  in  the  courfc  of  (bme  years,  to 
throw  otfthcir  dependence  on  the  nation,  and  declore  thcm- 
delves  a  free  ftate,  if  not  curb'd  in. time,  by  being  made  tn- 
tirelyfuhjeSl  to  the  crown.'''  ^ 

This  jcaloufy  his  been  fo  long  talked  of.that  many  fecm 
to  believe  it  really  well  grounded.     Not  that  there  is  dan« 
gcr  of  a  "  revolt",  even  in  the  opinion   of  the  author  of 
the  adininiftration,  but  that  the  colonitls   will  by  fraud  or 
force,  avail  thcmfelves,  in  "  faft  or  in  deed",  or   an  inde- 
pendent legidature.     This,  1  think,  would  be  a  revolting 
with  a  vengeance.    What  higher  revolt  can  there  be,  than 
for  a  province  to  alTumc  the  right  of  an  independent  legifla- 
tive,  or  ftate  ?    I  mu'l  therefore  think   this  a  greater  al- 
perfion  on  the  Colonics,  than  to  charge  them  with  a  dcfign 
to  revolt;  in  the  fnife  in  which  the  Gentleman  allows  they 
have  been    abufed  :  It   is   a  more  artful   and  dangerous 
way  of  attacking  our  liberties,  than  to  charge  us  with  being 
in  open  rebellion.     That  could  be  confuted  inftantly  :  but 
this  feeming  indireft  way  of  charging  the  colonies,  with  a 
defire  of  throwing  off  their  dependency,  requires  more  pains 
to  confute  it  than  the  other,  therefore  it  has  been  recurred 
to.     The  truth   is.  Gentlemen  have  had  departments   in 
America,  the  functions  of  which  they   have  not  been  fortu- 
nate in  executing.     The  people  have  by  thefe  means  been 
rendered  uneafy,  at  bad  Provincial  meafures.     They  have 
been  reprefented  as  factious, feditious,  and  inclined  to  demo- 
cracy,whenever  they  have  refufcd  paflave  obedience  to  pro- 
vincial mandates,  as  arbitrary  as  thofe  of  a  TurkifhBaftiaw  : 
I  fay.  Provincial  mandates ;  for  to  the  King  and  Parliament 
they  have  been  ever  fubmifllve  and  obedient. 

Thefe  reprefentations  of  us,  many  of  the  good  people  of 
England  fwallow  with  as  much  eafe.as  they  would  a  bottle- 
bubble,  or  any  other  (tory  of  acock  and  a  bull  ;  and  the 
«vorft  of  it  is,  among  fomc  of  the  mod  credulous,have  been 

i'ouad 

*  DefcDce.  6o. 


hf  ard  often  urged 
is  what  one  meets 
ilitics.tho' with  due 
fee  neither  realon 
ncrcafing  numbers 
from  Britain,  will 
of  (bme  years,  to 
,  and  dcclore  thcm- 
by  being  made  tn- 

of.that  many  fecm 
that  there  is  d^n- 
oF  the  author  of 
will  by  fraud  or 
^cd",  or  an  indc- 
luld  be  a  revolting 
:an  there  be,  than 
ndependcnt  legifla- 
this  a  greater  al> 
hem  with  a  dcHgn 
ticman  allows  they 
'ul  and  dangerous 
large  us  with  being 
jted  inftantly  :  but 
le  colonies,  with  a 
requires  more  pains 
has  been  recurred 
ad  departments  in 
ive  not  been  fortu- 
}  thefe  means  been 
fures.  They  have 
d  inclined  todemo- 
e  obedience  to  pro- 
a  TurkifhBaOiaw: 
Ling  and  Parliament 
lient. 

'  the  good  people  of 
ley  would  a  bottle- 
d  a  bull  ;  and  the 
redulous,havc  been 
ibuad 


[  ji  ] 

found  Stars  and  jarters.  However,  they  may  all  reft  aP 
furcd,  the  Coloni(»s,  who  do  not  ptctcnd  to  underftanJ 
thcmfelvcs  fo  well  as  the  people  of  fenglnnd  ;  tho'  the  au- 
thor ot  the  Adminiftraiion  makes  them  the  fine  cort- 
plimcnt,  to  f;iy,  they  "•  know  their  bunnrfi  inuch  belter," 
yet,  will  never  think  of  independency.  Were  they  inclin- 
ed to  it, they  know  the  blood  and  ihe  ticafure  it  would  coft, 
if  ever  effeftcd  ;  and  when  done,  it  would  be  a  thouland  to 
one  if  their  liberties  did  not  fall  a  facrificc  to  the  viflor. 

Wc  ail  think  ourfelves  happy  under  Great-Britain.  We 
love,  edeem  and  reverence  our  mother  country,  and  adore 
our  King.  AndcouM  the  choice  of  independency  be  offered 
the  colonics,  or  (ub)edfion  to  (treat  Britain  up«)n  any  terms 
above  abfolute  (lavery,  I  am  convinced  they  would  accept 
the  latter.  The  miniflry,  in  all  future  generations  may 
rely  on  it,  that  Britllh  America  will  never  prove  undutiful, 
till  driven  to  it,  as  the  Lifl  fatal  rcfort  againfl  minirterial 
opprelHon,  which  will  make  the  wifelt  mad,  and  the  weak- 
eft  ftrong. 

Thele  colonies  are  and  always  have  been,  "  entirely 
fubjoft  to  the  crown,"  in  the  legal  fcnic  of  the  terms. 
But  if  any  pt)litician  of  "  f  tampering  aftiviry,  of  wrong- 
headed  inexperience,  mifled  tobe  mcdJIing,"  means,  by 
*'  curbing  the  colonics  in  time,"  and  by  "  being  made  entirely 
fii  .jc(ft  to  the  crown  j"  that  this  fijbjc<riion  ihould  be  ab- 
rolutc,  and  confined  to  the  cro'An,  he  had  better  have 
fupprc  cd  his  wiflies.  This  never  will  nor  qan  be  done, 
without  making  the  colonilis  vallals  of  the  crown,  Sub- 
ic«fts  they  are  ;  their  lands  they  hold  of  the  crown,  by 
common  (occa7,c,  the  frecft  feudal  tennure,  by  which  any 
hold  their  lands  in  England,  or  any  where  elfc.  W'ould 
thefe  gentlemen  carry  .us  back  to  the  ftate  of  the  Goths 
and  Vandals,  and  revive  all  the  military  tenures  and 
bondn^e  which  our  fore-fathers  could  not  bear  I  It  maybe 
wi>rth  noting  here,  that  h\v  if  any  inflances  can  be  given, 
where  colonics  have  been  diijxifed  to  forlake  or  difbbcy  a 
tender  mother  :  But  hifiory  is  lull  of  examples,  that  armic? 
Rationed  as  guards  over  provinces,  have  feizcd  the  prey 
for  their  general,  and  given  him  a  crown  at  the  expence  of 
his  mafter.     Are  all   ambitious  gcrtrals  dead  I    Will  no 

G  3  mote 

\  .^(i(nio'l(lratioa.  34. 


^ 


[    s^   1 

more  rife  up  hereafter?  The  danger  of  a  ftanding  army 
in  remote  provinces  is  rauch  greater  to  the  metropolis, 
than  at  home.  Rome  found  the  truth  of  this  a.Tertion. 
her    Sylla's,    her    Pompey's   and  Caefars  :     but  Ihe 


in 


found   it  too   late  :   Eighteen  hundred  years  have  roli'd 
away  fince  her  ruin.     A  continuation  of  the  fame  hberties 
thii  have  been  enjoyed  by  the  colonitts  fince  the  revolu- 
tion, and  the  fame  moderation  of  government  exerciled  to- 
wards them,  will  bind  them  in  perpetual  lawful  and  willmg 
fubicaion,  obedience  and  love  to  Great-Britam  :  She  and 
her  colonies  will  both  profper  and  flourifh  :  The  monarchy 
wiir  remain  in  found  health  and  full  vigor  at  that  blefled 
period,  when  the  proud  arbitr.iry  tyrants  of  the  comment 
Shall    either    unite   in    the  deliverance    of   the   human 
race,  or  refign  their  crowns.     Refcued,  human  nature  mult 
and  will  be,  from  the   general   flavery  that  has  fo  long 
triumphed  over  the  fpecies.     Great-Britain  has  done  much 
towards  it :  What  a  Glory  will  it  be  for  her  to  complete 
the  work  throughout  the  W(  rid  '.  x      .  r  -i     >» 

The  author  of  the^dminiftration  (page  J4)  "  delcribes 
the  defers  of  the  ♦'  provincial  courts."  by  a  "  very  def- 
cription,"  the  firtt  trait  of  which  is.  "The  ignorance  of  the 
judges,"     Whether  the  defcription.or  the  defcnptionof  the 
defcription.are  verily  true,  either  as  applied  byLordHale  or 
theAdr..ini(trator,is  left  to  the  reader.  1  only  alk,who  makes 
the  iud'Tes  in  the  provinces  ?  \  know  of  but   two  colonics, 
viz  Conncfticut  and  Rhode-llland,  where  they  ar''  chofcn 
by  the  people.     In  all  other  colonies,  they  arc  either  imme- 
diately appointed  by  the  crown,  or  by  his  Majefty's  gover- 
nor   with  the  advice  of  what  the  Adminiftrator  calls,  the 
"  governor's  council  of  ftate."     And  if  the)  are  in  general 
fuch  ignorant  creature?,as  the  Adminiftrator  defcribes  them, 
»tis  the  misfortune,  not  the  fault,  of  the  people,   in  the  co- 
lonies.    However,  I  believe,  juftice  in  general,  is  as  well 
adminiftred  in  the  colonies,  as  it  will  be  when  every  thing 
is  devolved  upon  a  court  of  admiralty,  general  or  provincial. 
The  following  is  very  remarkable.     "   In   thole  popular 
governments,  and  wheie  every  executive  officer  is  under 
a  dependence  for  a  temporary,  wretched,  and  I  bad^almoft 
faid  arbitrary  fuppqrr,  on  the  deputies  of  the  people."* 

■  Why 

*  Adminill.   5'5- 


'll 


a  ftanding  army 
3   the  metropolis, 
of  this  aiTertion, 
^aefars  ;     but  fhe 
years  have  roll'd 
the  fame  liberties 
fince  the  rcvolu- 
imeni  exercifed  to- 
lawful  and  willing 
-Britain  :  She  and 
h  :  The  monarchy 
igor  at  that  blefled 
s  of  the  continent 
e    of   the.    human 
human  nature  muft 
y  that  has  fo  long 
tain  has  done  much 
jr  her  to  complete 

ge  5:4)  "  defcribes" 
"  by  a  "  very  def- 
rhe  ignorance  of  the 
he  defcriptionof  the 
ilied  byLordHale.or 
only  alk,who  makes 
)f  but   two  colonics, 
ere  they  arr  chofen 
[ley  are  either  imme- 
bis  Majefly's  gover- 
niniftrator  calls,  the 
i  they  are  in  general 
rator  defcribes  them, 
e  people,   in  thfc  co- 
\  general,  is  as  well 
3C  when  every  thing 
general  or  provincial. 
"   In   thofe  popular 
•utive  officer  is  under 
led,  and  I  bad  almofl: 
of  the  people."* 

Why 


[     53     1 

Why  is  the  temporary  fupport  found  fault  with  ?  Would 
if  be  wife  to  give  a  governor  a  falary  for  a  longer  rime  than 
his  political  life  ?  As  this  is  quite  as  uncertain  as  his  natural 
life,  it  has  been  granted  annually.     So  every  governor  has 
the    chance    of   one    year's    ^alary   after    he    is  dead. 
All    the    King's    officers,    are    not  even  in  the    char- 
ter  provinces    "  dependent  on    the  people"   for  fupport. 
The  judges  of  the  admiralty,  thofe  mirrors  of  jufUce,  to 
be  trufled,  when  none  of  the  common  law  courts  arc,  have 
all  their  commiiTions  from  home.     Thefe,    bcfidts  other 
fees,  have  fo  much  per  cent  on  all  they  condemn,  be  it 
right  or  wrong,  and  this  by  tiB  of  parliament.     Vet  fo  great 
is  their  integrity,    that  it  never  was  fufpc6lcd  that  50  per 
cent,  if  allowed,  would  have  any  influence  on  their  decrees. 
Cuflom-houfe  officers  univcrfally,   and    Naval-officers, 
jn  all  but  two  or  three  of  the  colonies,  arc,  I  believe,  ap« 
pointed  direftly  from  home,  or  by  inflru£>ion  to  the  Gover- 
nor :  and  take  juft  what  they  pleale,  for  any  reflrainr  they 
are  under  by  the   provincial  afts.     But  on  whom  fhould 
a  Governor  depend   for  his  honorable  fupport,    bqt  the 
people  ?  Is  not  the  King  fed  from  the  field,  and  from  the 
labor  of  his  people  ?  Does  not  his  M.ijcf^y  himfelf  receive 
his  aids  from  the  free  grant  of  his  parliament  ?  Do  not  all 
thcfc  originate  in  the  houfe  of  commons  ?  Did  the  houfc 
of  Lords  ever  originate  a  grant  ?    Do  not  our  law  books 
inform  us'that  the  Lords  only  aflent  or  dident,  but  never 
fo  much  as   propofe  an   amendment,  on  a  money  bill  ? 
The  King  can  take  no  more  than  the  Parliament  will  give 
him,  and  yet  fome  of  his  Governors  have  tho't  it  an  in- 
fufferable  hardfliip,   that  they  could  not  take  what  they 
pleafed.     To  take  leave  of  the  adminiilrator,  there  are  iii 
his  book  fome  good  hints,   but  a   multiplicity  of  miflakes 
in  fa£t,  and  errors  in  matters  of  right,  which  1  have  not 
lime  to  mention  particularly. 

Ireland  is  a  conc^uercd  kingdom;  and  yet  have  tho't  they 
received  very  hard  meafure  in  fome  of  the  prohibitions  and 
reftri«5\ii)ns  of  their  trade.  But  were  the  colonies  ever 
conquered?  Have  they  not  been  fnbjcft  and  obedient,  and 
loyal  from  dieir  fettlemcnt  ?  Were  not  the  fettlements 
made  under  the  BritiQi  laws  and  conflitution  ?  But  if  the 
colonies  vrerc  all  10  be  ccnfiJcred  as  cocquered,  they  are 

entitled 


[    54    ] 

entitled  to  the  eflential  rights  of  men  and  citizens.     And 
therefore  admitting  the  right  of  prohibition,  in  its  utmoft 
extent  and   latitude ;   a  right  or    taxation  can  never  be 
infer'd  from  that.     It  may  be  for  the  good  of  the  whole, 
that  a  certain  commodity  (hould  be  prohibited  :    But  this 
power  fhouid  be  exercifed,    with  great  moderation  and  im- 
partiality, over   dominions,   which  are  not  reprefented,   in 
the  national  parliament.     I  had  however  rather  fee  this 
carried  with  a  Viigh  hand,  to  the  utmoft  rigor,  than  have  a 
tax  of  one  (hilling  taken  from  me  without  my  confent. 
A  people  may  be  very  happy,  free  and  cafy  among  them- 
ftlvcs,  without  a  particular  branch  of  foreign  trade  :  1  am 
fure  thefe  colonies  have  the  natural  means  of  every  manu- 
fafture  in  Europe,  and  fome  th;it  are  out  of  their  power 
to  make  or  produce.    It  will  fcarcely  be  believed  a  hun- 
dred years  hence,  that  the  American  manufadures   could 
have  been   brought  to  fuch  perfeftion,  as  they  will  then 
probably    be    in.    if  the  prefent   meafures    are  pulhed. 
One  fingle aft  of  parliament,  we  find  las  fet    people  a 
thinking,  in  fix  months,  more  than  they  had  done  in  their 
whole  lives    before.     It     ftiould    be    remembred,     that 
the    mort     famous   and    flourilhing    manufaftures,    of 
wool,  in  France^  were  begun  by  Lewis  14,   not  an  hun- 
dred years  ago ;  and  they  now  bid  fair  to  rival  the  Engli^, 
in  every  port  abroad.     All  the  manafaftures   that  Great- 
Britain  could  make,  would  be  confumed  in  America,  and 
in  her  own  plantations,  if  put  on    a  right  footing  ;  for 
which  a  greater  profit  in  return  would  be  made,  than  flie 
will  ever  fee  again  for  woollen  lent  to  any  part  of  Europe. 
But  tho'  it  be  allow'd,  that  liberty  may  be  enjoy'd  in  a 
comfortable  nieafure,  where  prohibitions  are  laid  on  the 
trade  of  a  kingdom  or  province  ;  yet  if  taxes  are  laid   on 
either,  -without  confent,  they  cannot  be  faid    to  be   free. 
This  barrier  of  liberty  being  once  broken  down,  all  is  lort. 
If  a  Ihilling  in  the  pound   may  be  taken  from  me  againft 
my  will,  why  may    not  twenty  fhilTrngs  ;  and  if  fo,  why 
not  my  liberty  or  my  life  ?    Merchants  were  always  par- 
ticularly favor'd  by  ihe  common  law —  "  All  merchants, 
e;-«:ept  enemies,  may  fafely  come  into  Etijuland,  with  their 
goods  and  merdhandize''— 2  Inft.  28. — And  why  not  as 
well  to  )X\t plantations  ?   Are  they  not  entitled  to  all  the 

Britifh 


^3- 


and  citizens.  And 
lion,  in  its  utmoft 
tion  can  never  be 
7ood  of  the  whole, 
ihibitcd  :  But  this 
moderation  and  im- 
not  reprefented,  in 
/er  rather  (ee  this 

rigor,  than  hav«  a 
thout  my  confent. 

cafy  among  them- 
breign  trade  :  1  am 
ans  of  every  manu- 
jut  of  their  power 

be  believed  a  hun- 
manufaftures  could 
,  as  they  will  then 
afures    are  pufhed. 

las  fet  people  a 
y  had  done  in  their 

remembred,     that 

manufaftures,  of 
is  14,  not  an  hun- 
to  rival  the  Engli^, 
'aftures  that  Great- 
ed  in  America,  and 

right  footing  ;  for 

be  made,  than  (he 

any  part  of  Europe, 
nay  be  enjoy'd  in  a 
jns  are  laid  on  the 
if  taxes  are  laid  on 
be  faid  to  be  free, 
cen  down,  all  is  loft. 
<en  from  me  againft 
gs  ;  and  if  fo,  why 
ts  were  always  pnr- 
—  "  All   merchants, 

England,  with  their 

— And  why  not  as 

>t  entitled  to  all  the 

Bricifh 


[      SS      ] 

Britifli  privileges  ?  No,  they  muft  be  confined   in  their 
imports  and  exports,  to  the  good  of  the  metropolis.     Very 
well,  we  have  fubmitted  to  this.     The  aft  of  navigaiioa 
is  a  good  aft,  fb  are  all  that  exclude  foreign  manufaftures 
from  the  plantations,  and  every  honeft  man  will  readily 
fubfcribe  to  them.     Moreover,  "  Merchant  ftrangers,  arc 
alfo  to  come  into  the  realm  and  depart  at  plcafure  ;  and 
they  are  to  be  friendly  entertained,"  2  Ri.  C.  i.   But  to 
promote  the  manufaftures  o£ England,* us  tho'i  beft  tofhut 
up  the  colonies  in  a  manner  from  all  the  world.    Right  as  to 
Europe  :  But  for  God's  fake,  mud  we  have  no  trade  with 
other  colonies  ?  In  fome  cafes  the  trade  betwen  Britijh 
colony  and  colony  is  prohibited,  as  in  wool,  &c.   Granting 
all  this  to  be  right,  is  it  not  enough  \  No,  duties  and  taxes 
raurt  be  paid  without  any  confent  or  reprefentation  in  par- 
liament.    The  common  law,  that  incftimable  privilege  of  a 
jury,    is    alfo  taken  away  in  all  trials   in  the  colonies, 
relating  to  the  revenue,  if  the  informers  have  a  mind  to 
go  the  admiralty  ;    as    they  ever  have  done,  and  ever 
will  do,  for  very  obvious   reafbns.     "  It    has  ever  been 
boafted,  fays  Mr.  Dummer  in  his  defence  of  the  char- 
ters, as  the  peculiar  privilege  of  an  Englifhman,  and  the 
fecurity  of  his   property,    to  be  tryed  by  his  country, 
and  the  laws  of  the  land  :  Whereas  this  admiralty  method 
deprives  him  of  both,  as  it  puis  his  eftate  in  the  difpofal  of 
a  (ingle  pcrfon,  and  makes  the  civil  law  the  rule  of  judg- 
ment ;  which  tho'  it  may  not  properly  be  called  foreign, be- 
ing the  law  of  nations,  yet  'tis  what  he  has  not  confented 
to  himfelf,  nor  his  reprefentative  for  him.     A  jurifdiftioa 
therefore  fo  founded,  ought  not  to  extend  beyond   what 
necejfity  requires" —  "  If  fome  bounds  are  not  fet    to  the 
jurifdiftion  of  the  admiralty,  beyond  which  it  fhall  not  pafs, 
it  may  in  time,  like  the  element  to  which  it  ought  to  be 
confin'd,  grow  outrageous,  and  overflow  the  banks  of  all  the 
other  courts  of  juftice."  I  believe  it  has  never  been  doubl- 
ed by  one  found,  common  lawyer  of  England,  whether  a 
court  of  admiralty  ever  anfwer'd  many  good  ends; "  the  court 
of  King's  bench  has  a  power  to  reftrain  the  court  of  admi- 
ralty in  England  ;  and  the  rea{(>ns  for  fuch  reftraining  pow- 
er are  as  Itrong  in  New  England  as  in  Great- Britain,"  and 
in  (bme  relpefts  more  fo  ;  Yet  Mr.  Duromcr  mentions,  a 

clamour 


% 


\ 

if 


[    S6    J 

clamour  that  wasraifed  at  home  by  a  judge  of  the  admiralty 
for  New  England,  who  complaiii'd  "  that  the  common  law 
courts  by  granting  prohibitions,  weakco.  and  m  a  manner 
iupprcfs  the  authority  of  thiscourt.and  all  the  good  ends  for 
which  it  was  conftitutcd."  Thus  wc  fee,  that  the  court  ot 
admiralty  long  ago  dilcover'd.  no  very  friendly  diMtion 
towards  the  common  law  courts  here  ;  and  the  records  of  the 
houfc  of  Reprefentativcs  afford  us  a  notable  mflance  ot  one, 
who  was  expelled  the  houfe,  of  which  he  had  been  an  un- 
worthy member,  for  the  abufivc  milieprefcntations  ot  the 
province,  by  him  fecretly  made.  .,,.,•.• 

Trade  and  traffick.  fays  lord  Coke,  "  is  the  livelihood 
of  a  merchant,  the  life   of  the  (   mmonwealth,  wherein 
the  King  and  every  (ubjeft  hath  iniereft ;  for  the  merchant 
is  the  good  Bailiff  of  the  realm,  to  export  and  vent  the 
native  commodities  of  the  realm,  and  to  import  and  bring  m, 
the  ncccflary  commodities  for  the  defence  and  benehi   ot 
the  Pealm— 2  Inft.  28,  reading  on  Magna  Charta.  C.  15— 
And  are  not  the  merchants  of  Britilh  America  entitled  to  a 
livelihood  alfo  ?  Are  they  not  Britilh  fubjeas  ?  Arc  not  an 
infinity  of  commodities  carried  from  hence  for  the  be»ejit  0} 
the  realm,  for  which  in  return  come  an  infimty  of  trifles^ 
which  we  could  do  without  ?  Manufaftures  we  muft  go  into 
if  our  trade  is  cut  off  ;  our  country  is  too  cold  to  go  naked 
in,  and  we  fhall  foon  be  unable  to  make  returns  to  England 

even  for  necclTaries.  .   i     1  1 

"  When  any  law  or  cuflom  of  parliament  is  broken, ana 
the  crown  pofTeOed  of  a  precedent,  how  difficult  a  thing  i« 
it  to  rcftore  the  fubjeft  again   to  his  former  freedom  and 
fafety  ?"  2  Inft.  on  the  confirmation  of  the  great  charter— 
which  provides  in  thefe  words:  "  And  for  fo  tnuch  as  di- 
vers people  of  our  realm,  are  in  fear,  that  the  aids  and  talks 
which  they  have  given  to  us  before  time,  towards  our  wars, 
and  other  bufinels  of  their  own  grant  and  good  will  (howlo- 
ever  they  were  made)  might  tu,  ,1  to  a  horMge  to  them  and 
their  heirs,  bec:.ufc  they  miViu  be  at  another  time  found  m 
the  rolls,  and  likcwifc   for  the  prices  taken  throughout  the 
realm  by  our  miniOcrs  ;  We  h.vc  granud    for   us  and  our 
heirs,  that  we  fhall  not  draw  (uch  aids,  talks  nor  prices  tnto 
c  cuftom,  for  any  thing  that  hnth  been  done  lieretofore.^^bc 
it  by  roll,  or  any  other  precedent  that  may  be  founden. 


re  of  the  admiralty 
It  the  common  law 
and  in  a  manner 
I  the  good  ends  for 
e,  that  the  court  of 
friendly  difix)fition 
1  the  records  of  the 
ble  inflance  of  one, 
ic  had  been  an  un- 
>refcniations  of  the 

"  is  the  livelihood 
lonwealth,  wherein 

;  for  the  merchant 
port  and  vent  the 
import  and  bring  in, 
ncc  and  benefit  of 
,na  Ghana.  C.  15 — 
nerica  entitled  to  a 
ubjefts  ?  Are  not  an 
ice  for  the  benefit  of 
\  infinity  of  trifles^ 
ires  we  muft  go  into 
DO  cold  to  go  naked 
;  returns  to  England 

imcni  is  broken, and 
/  difficult  a  thing  i» 
ormer  freedom  and 
'the great  charter — 
I  for  fo  much  as  di- 
liat  the  aids  and  talks 
le,  towards  our  wars, 
id  good  will  (howfo- 
honduae  to  them  and 
noihcr  time  found  in 
taken  throughout  the 
nred    for   us  and  our 
talks  nor  prices  into 
t'lonc  l^eretofore,  be 
may  be  founden." 
By 


By  the  firft  chapter  of  this  a£t,  the  great  charter  is  de- 
clared to  be  the  common  law.    I  would  alk,  whether  we 
have  not  reafon  to  fear,  that  the  great  aids,  freely  given   by 
thefc  provinces  in  the  late  war,  will  in  like  manner  turn  to 
our  bondage,  if  they  are  to  be  kept  on  and  /wcrwy^iduring  a 
feace,  for  the  maintenance  of  Si /landing  army  here  .'* — If  tis 
faid  thole  aids  were  given  for  our  oxvn  immediate  defence, 
and  (hat  England  fpent  millions  in  the  fame  caufe ;  1  an- 
swer;  The  names  of  his  prefent  Majcfty,  and  his  royal 
Grand-father,  will  be  ever  dear  to  every  loyal   Britifh 
American,  for  the  proteftion  they  afforded  us,  and  the  fal- 
vation,  under  God.  efTefted  by  their  arms  ;  but  with  regard 
to  our  fellow-fubjefts  of  Britain,  we  never  were  a  whit  be- 
hind hand  with  them.     The  New  England  Colonies  in 
particular,  were  not  only  fettled  without  the  leaft  expence 
to  the  mother  country,  but  they  have  all  along  defended 
themfelves  againft  the  frequent  incuifions  of  the  mofl  in- 
humnn  Salvages,  perhaps  on  the  face  of  the  whole  earth, 
at  their  own  coft  :  Thoie  more  than  brutal   men,  fpirited 
and  dirfted  by  the  moft  inveterate,  as  well  as  mofl:  power- 
ful enemy  of  Great  Britain,  have  been  conflantly  annoying 
our  infant  fettlements  for  more  than  a  century  ;  fpread'ng 
terror  and  defblation,   and  fometimes  depopularing  whole 
villages  ia  a  night:  y        ,idft  the  fatigues  of  labor,   and 
♦he  horrors  of  war  and  bloodflied,  Heaven  vouchfaf 'd  its 
fml!*«.     Behold,  an  extenfive  territory,  fettled,  defended, 
and  (ccured  to  his  MajeOy,  I  repeat  it,  -without  the  leafl 
expence  to  the  mother  country,  till  within  twenty  yenrs  paft  ! 
— Wl^n  Louisbourg  was  reduced  to  his  late  Majefly,  by 
the  va(dr  of  his  Netu-England  fubjcfts,  the  parliament,  it 
muft  be  own'd,  faw  meet  to  refund  port  of  the  charges  : 
And  every  one  knows  the  importance  of  Louisbourg,  in  the 
confultations  of  ^ix  la  Chappie  ;  but  for  the  lof*  of  our 
young  men,  the  riches  and  ftrength  of  a  country,   nor  in- 
deed flain  by  the  enemy,  but  overborn  by  the  uncommon 
hardfliips  of  the  fiegc,   and  their  confinement  in  garrifnn 
afterwards,  there  could  be  no  recompence  made. — In  the 
lare  war,   the  northern  colonies  not  only  rais'd    their  fuJI 
quota  of  men,  but  they  went  even   beyond  their  ability  •■ 
they  are  ftill  deeply  in  debt,  notwiihff  J|niing  the  parliamen- 
tary grants,  annually  made  them»  in  part,  of  thi.r  ex]>en- 

;  H  CCS, 


i 

A 


13 


If 


[     58     1 

ces,  in  the  common,  national,  caufe  :  Had  it  not  been  for 
thofe  grants,  they  had  all  been  bankrupt  long  ago ;  while 
\\\tfuciar  colonies,  have  born  little  or  no  fliare  m  it  :  They 
indeed  fent  a  company  or  two  of  Negroes  and  MoUttoes, 
if  this  be  worth  mentioning,  to  the  lieges  of  Gaudaloupe, 
Ivlartineco  and  the  Havanna  :  1  do  not  recolleft  any  thing 
elfe  that  they  have  done ;  while  the  flower  of  our  youth 
were  annually  prcfTcd  by  ten  thoufands  into  the  fcrvicc. 
and  there  treated  but  Utile  better,  as  we  have  been  told, 
ihan  hewers  of  wood  and  drawers  of  water.     Prorvincial 
afts  for  impreflTing  were  obtained,  only  by  letters  of  requi- 
lition  from  a  fecretary  of  ftatc  to  a  Governor ;  requiring 
him  to  ufe  his  influence  to  raile  men  ;    and  fometimes, 
more  than  were  afked  for  or  wanted,  were  prefTed,  to  give 
a  figure  to  the  Governor,  and  fhew  his  influence  ;  a  re- 
markable  inftance  of  which  might  be  mentioned.     I  would 
further  obferve,  that  Great-Britain  was  as  immediately  m- 
terefted  in  the  late  war  in  America,  as  the  colonies  were. 
Was   fhe   not  threatned  with  an  invafion   at  the    fame 
lime   we  were   ?     Has  flie    not  an    immenfc  trade    to 
the   colonifs  ?  The    britifh  writers  fay,    more  than  half 
lier  profitable  trade  is  to  America  :    All  the  profits  of  our 
trade  center   there,  and  is  little  enough  to  pay  for  the 
goods  we  import.     A    prodigious  revenue    arifes  to   the 
Crown  on  American  exports  to  Greut-Britain.  which  m 
general  is  not  murmured  at :  No  manufaaure  of  Europe 
befides  Britilh,  can  be  lawfully  bro't  here  ;  and  nohoneft 
man  dcfires  they  ever  fiiould.  if  the  laws  were  put  in  exe- 
cution upon  all.     V^'ith  regard  to  a   few  Dutch  imports 
that  have  made  fuch  a  noife,  the  truth  is.  very  little  has 
been  or  could  be  run.  before  the  apparatus  of  guardfliips  ; 
for  the  officers  of  fome  portsdid  their  duty,whilc  others  may 
iiave  made  a  monopoly  of  fmuggling.for  a  few  of  their  friends, 
who  probably  paid  them  large  contributions ;  for  11  has  been 
obferved.  that  a  very  fmall  office  in  the  cuftoms  in  America 
has  railed  a  man  a  fortune  fooner  than  a  Government,  The 
truth  is.the  afts  of  Trade  have  been  too  often  evaded  ;  but  by 
whom  ?  Not  by  the  American  merchants  in  general,  but 
by  fome  former  cuftora-houfe  officers,  their  friends  and 
partisans.     I  name  no  man,  not  being  about  to  turn  infor- 
mer :  But  it  has  been  a  notorious  grievance,  that  when 

the 


tf  ad  it  not  been  for 
apt  long  ago ;  while 
)  fliare  in  it  :  They 
roes  and  MoUttoes, 
:ges  of  Gaudaioupc, 
t  recolleft  any  thing 
lower  of  our  youth 
Is  into  the  fcrvicc, 
we  have  been  told. 
'  water.     Provincial 
by  letters  of  requi- 
iovernor ;  requiring 
;n  ;    and  fometimes, 
vere  preflTed,  to  give 
lis  influence  ;  a  re- 
lentioned.     I  would 
5  as  immediately  in- 
3  the  colonies  were, 
'afion   at  the    fame 
immenfc  trade    to 
ay,    more  than  half 
l11  the  profits  of  our 
ugh  to  pay  for  the 
'enue    arifes  to   the 
a-Britain,  which  in 
lufafture  of  Europe 
here  ;  and  no  honeft 
aws  were  put  in  exe- 
few  Dutch  imports 
jth  is,  very  little  has 
iratus  of  guardfhips ; 
luty.whilc  others  may 
a  few  of  their  friends, 
tions ;  for  it  has  been 
e  cuftoms  in  America 
a  Government.  The 
often  evaded  ;  but  by 
lants  in  general,  but 
s,  their  friends   and 
about  to  turn  infor- 
rievance,  that  when 
the 


■[     S9     ] 

the  King  himfelf  cannot  difpenfe  with  an  aft  of  parlia- 
ment, there  have  been  cu(tom-hou(e  officers  who  have 
praftifed  it  for  years  together,  in  favor  of  thofe  towards 
whom  they  were  gracioufly  difpofcd. 

But  to  return  to  the  fubjeft  of  taxation  :  I  find  that 
"  the  lords  and  commons  cannot  be  charged  with  any  thing 
for  the  defence  of  the  realm,  for  the  fafe-guard  of  the  fea, 
&c.  unlefs  by  their  will  \n  parliament." 

Ld.  Coke,  on  Magna  Charta,  Cap.  30. 
"  Impofitions  neither  in  time  of  war.  or  other  the 
greateft  neceflity  or  occafion,  that  may  be,  much  lefs  in  the 
time  of  peace,  neither  upon  foreign  or  inland  commodities, 
of  what  nature  foevcr,  be  they  never  fo  foperfluous  or 
unnecefTary,  neither  upon  mercliants,  ftrangers,  nor  deni- 
zens, may  be  laid  by  the  King's  abfolute  power,  without 
aflent  of  priiament,  be  it  never  for  fo  fl^ort  a  time." 

Viner  Prerogative  of  the  King, 
Ea.  I.  cites  2  Molloy.  320.  Cap.  12.  fee.  i. 
"  In  the  reign  of  Edward  3,  the  black  Prince  of 
Wales  having  Jf^uiiain  granted  to  him,  did  lay  an  impo- 
fition  of  fuage  or  focage  a  foco,  iipon  his  fubjefts  of  that 
dukedom,  viz.  a  fhilling  for  every  fire,  called  hearth  filver, 
which  was  of  fo  great  dilcontentment  and  odious  to  them, 
that  it  made  them  revolt.  And  nothing  fince  this  time 
has  been  impofed  by  pretext  of  any  prerogative,  upon 
merchandizes,  imported  into  or  exported  out  of  this  realm, 
luicil  Queen  Mary's  time."  2  Inft.  61. 

Nor  has  any  thina  of  that  kind  taken  place  fince  the 
revolution.  King  Charles  i.  his  fliip-money  every  one  has 
heard  of. 

Ir  may  be  faid  that  thefe  authorities  will  not  ferve  the 
colonilts,  becaufe  the  duties  laid  on  them  are  by  parliament. 
1  acknowledge  the  dilTerenre  of  fa^  ;  hut  cannot  fee  the 
great  difference  in  equity,  while  the  colonics  are  not  rcprc- 
Jented  in  the  hnufcot  commons:  And  therefore  with  all  hum- 
ble deference  I  apprehend, that  'till  the  coloniftsare  fo  repre- 
f'.-nted,  the  fpiiitof  all  chc.'eaudKKities  will  argue  l^^rongly  in_ 
ihcirfavour.  When  the  psrliamf-nt  Ihall  thiwk  lit  ro  allow  ' 
the  colonics  a  reprefentation  in  the  houle  of  commons,  the 
equity  of  their  taxing  the  colonies,  will  be  as  clear  a< 
their  power  is  at  prefent  of  doing  it  without,  if  they  p'eafs, 
'  H  ?  Whe». 


! 


J  -«:  ^v 


I 


[   60  ] 

"When  Mr.  Dummcr  wrote  his  defence  of  ihr  charters, there 
was  a  talk  of    taking   them    away,    by   aft   of   parlia- 
ment.    This  defence  is  dedicated  to  the    right  honourable 
the  Ld.  Carteret,  then  one  of  his  Majefty's  principal  fccre- 
taries  of  (late,  fincc  Earl  of  Granville.  His  third  propofition 
is.  that  '*  it  is  not  for  the  intcreft  of  the  crown  to  refume 
the  charters,  if  forfeited."     This  he  proves  ;  as  alfo  that  it 
would  be  more  for  the  intereft  of  Great  Britain  to  enlarge, 
rather  than  diminifti,  the  privilege  of  all  the  colonifts.     H«s 
lft(t  propofition  is,  that  it  "  feems  inconfiftent  with  juftice 
to  disfranchife  the  charter  colonies  by  an  aft  of  parliament. 

"  It  feems  fherefore.fay8be,a  feverity  without  a  precedent, 
that  a  people,  who  have  the  misfortune  of  being  a  thoufand 
leagues   didant  from  their  fovereign,  a  misfortune  great 
chough  in   itfelf,   fliould.  unfummoncd,  unheard,  in  one 
day.'be  deprived  of  their  valuable  privileges,   which   they 
and  their  fathers  have  enjoyed  for  near  a  hundred  years." 
'Tis  true,  as  he  obferves.  "  the   legiflative  power  is  abfo- 
iute  and  unaccountable,  and  King,  lords  and  commons,  may 
do  what  they  pleafc  ;  but  the  quefiion  here  is  not  about 
AWd^r,   but  righr  (or  rather  equity)  "  and    (hall  not  the 
fupreme  judicature  of  all  the  nation  do  right  "  ?  "  One  may 
fay,  that  what  the  parliament  cannot  do  julUy.  they  cannot 
do  at  all.    In  maximis  minima  eft  licenita.  The  higher  the 
power  is,  the  greater  caution  is  to  be  uled  in  the  execution  of 
it ;  becaufe  the  fufferer  is  hclplefs  and  without  refort."     I 
never  heard  that  this  reafoning  gave  any  offence.     "Why 
Ihould  it  ?  Is  it  not  exaftly  agreeable  to  the  dtcifions  of 
parliament  and  the  determinations  of  the  higheft  executive 
courts  ?  (See  the  .Appendix.)  But  if  it  was  thought  hard  that 
charter  privileges  Ihould  be  taken  away  by  aft  of  parlia- 
ment, Is  it  noi  much  harder  to  be  in  part,  or  in  whole,  dif- 
franchifed  of  rights,  that  have  been  always  tho't  inherent  to 
a  Britifh  fubjeft,  namely,  to  be  free  from  ail  tixes,  but  what 
heconfentsto  in  perfon,  or  by  his  reprefentative  .>  This 
right,  if  it  could  be  traced  no  higher  than  Magna  Charta,  is 
part  of  the  ccmmon  law,  part  of  a  Britifh  fubjefts  birthright, 
and  >s  inherent  and  perpetoal.   as  the  duty  of  allegiance; 
both  which  have  been  bro't  to  thefe  colonies,and  have  been 
hitherto  held  facred  and  inviolable,  and  I  hope  and  truft 
ever  will.  'Tis  humbly  conceived,  that  the  Britifh  colonifts 

,     .  (except 


'ih^  charters, there 
)y   aft   of   parlia- 
fighi  honourable 
•s  principal  fccre- 
[is  third  propofjtion 
e  crown  to  re  fume 
ve%  ;  as  alfo  rhat  it 
Britain  to  enlarge* 
he  colonifts.     His 
fiftent  with  juftice 
aft  of  parliament.** 
vithout  a  precedent, 
at  being  a  thoufand 
a  misfortune  great 
i,  unheard,  in  one 
lieges,  which   they 
a  hundred  years." 
tive  power  is  abfo- 
and  commons,  may 
here  is  not  about 
and    fliall  not  the 
ight  "  ?  *'  One  may 
jurtly,  they  cannot 
'ia.  The  higher  the 
i  in  the  execution  of 
without  refort."     I 
any  offence.     VJhy 
to  the  dtcifions  of 
le  higheft  executive 
as  thought  hard  that 
ly  by  aft  of  parlia- 
rt,  or  in  whole,  AiC" 
ays  tho't  inherent  to 
m  all  tixes,  but  what 
eprefentative  .>  This 
lan  Magna  Charta,  is 
(K  fubjefts  birthright, 
duty  of  allegiance ; 
lonies,and  have  been 
nd  I  hope  and  truft 
I  the  Britiih  colonifts 
(except 


[  *t  ] 

(eiecept  only  the  conquered,  if  any)  are,  by  Magna  Charta, 
as  well  entitled  to  have  a  voice  in  their  taxes,  as  the  fubjefts 
within  the  realm.  Are  we  not  as  really  deprived  ot  that 
right,  by  the  parliament  affefling  us  before  we  are  reprefent- 
ed  in  the  houfe  of  commons,  as  if  the  King  (hould  do  it  by 
his  pro  jgative  ?  Can  it  be  faid  with  any  colour  of  truth  or 
juftice,  that  we  arc  repr«fcnted  in  parliament  ? 

As  to  the  colonifts  being  reprefented  by  the  provincial 
agents.  1  knuW  of  no  power  ever  given  them,  but  to  appear 
before  his  Majefty,  and  his  miniftry.  Someiimcs  they  have 
been  direfted  to  petition  the  parliament  :  But  they  none  of 
them  have.and  1  hope  never  will  have,  a  power  given  them, 
by  the  colonifts,  to  aft  as  reprefematives,  and  to  confent  to 
taxes  ;  and  if  they  ftjould  make  any  conceflions  to  the  mi- 
niliry,  efpecially  without  order,  the  provinces  could  not  by 
that  be  coniidered  as  reprefented  in  p«rliamenti 

Hibernia  habetPartiannrtta  &  faciunt  leges  et  nojlra  ffa- 
tufa  non  ligant  eos,quia  non  mittant  mllites  adParliamentum, 
fed  fer/on*  eorum  funt  fubj«8i  Regis,  ftcut  inhabttanles  Cfl- 

Itnte  Gkfconia  &  Guieni. 

12  Rep.  III.  cites R.  3.  12. 

"  Ireland  hath  parliaments,  and  make  laws,  and  our  fta- 
tutes  do  not  bind  them,  becaufe  they  fend  no  Knights  t9 
parliament  ;  but  their  perfons  are  fubjefts  of  the  King,  as 
the  inhabitants  ot  Guiene,  Gafcony,  &c." 

Yet,  if  fpccially  named,  or  by  general  words  included  as 
within  any  of  the  King's  dominions,  Ireland,  fays  Ld.  Coke, 
might  be  bound.  4  ^"^-  35 »• 

From  all  which,  it  feems  plaitj,  that  the  reafon  why  Ire- 
land and  the  plantations  are  hot  bdund,  unlels  named  by  an 
Aft  of  Parliament,  is,  becaufe  they  are  not  reprejinted  \nth6 
the  Britiftx  parliament.  Yet,  in  fpecial  cafes,  theBri- 
tilh  parliament  has  an  undOMbted  right,  as  well  as  power,  to 
bind  both  by  their  afts.  But  whether  this  can  be  extended 
to  an  indefinite  taxation  of  both,  it  the  greAt  queftion.  I 
conceive  the  fpirit  of  the  Britifti  conftitution  muft  make  an 
exception  of  all  taxes,  until  it  is  tho*t  fit  to  unite  a  dominion 
to  the  realm.  Such  taxation  rtiuft  be  confidered  either 
as  uniting  the  dominions  to  the  reilm.or  disfranchifing  »hem. 
If  they  are  united,  they  will  bi  ifctitM  to  a  i^refematfen. 
as  well  asWales  ;  if  they  arefo  taxed  without  a  union,or  re- 
prcfcntation,  they  are  fo  far  disfranchifed.  I 


f 


t  6^  J 

1  don't  find  any  thing  that  looks  like  a  duty  on  the 
colonics  before  the  25th  of  C.  2.  c.7.  impolinga  duty  on 
enumerated  commodities.     The  liberty  of  the  fubjeft  was 
little  attended  to  in  that  reign.     If  ihe  nation  could  not 
fully  alTert  their  rights  till  the  revol  iiion,  the  colonics  could 
not  exj^ft  to  be  heard.     1  look  on  i;:'"'  act  rather  as  a  pre- 
cedent of  power, than  of  right  and  equity;  if  'tis  fuch,  it  will 
not  afTeft  my  argument.      Ilie  aft  appointing  a  tax  on  all 
mariners,  of  a  certain  fum  per  morth,  to  be  dedufted  out 
of  their  wage%  is  not  to  be  compared  with  this.     Marirers 
arc  not  inhabitants  of  any  part  of  the  dominions  :   The 
lea  is  their  element,  till  they  ar:,  decrepit,  and  then  the 
hofpital  is  open  for  all  mariners  who  are  Britifh  fubjefts 
without  exception.     The   general    poft-office   eftablifhed 
thro'  the  dominions,  is  for   the  convenience  of  trade  and 
commerce :  It  is  not  laying  iuy  burthen  upon  it ;  for  be- 
fidcs  that  it  is  upon  the  whole  cheaper  to  correfpond  in  this 
way  than  any  other,  every   one  is   at  liberty  to  fend  his 
own  letters  by  a  friend.     The  aft  of  the  6th  of  his  late 
Majefly,  tho'  it  impofes  a  duty  in  terms,  has  been  Gid  to 
be  deGgned  for  a  prohibition  ;  which  is  probable  from  the 
fums  impofed;  and  'tis  pity  it  had  not  been  fo  exprcfled» 
as  there  is  not  the  lead  doubt  of  the  juft  and  equitable  right 
of  the  parliament  to  lay  prohibitions  thro*  the  dominions, 
when  they  think  the  goml  of  the  whole  requires  it.     But 
as  has  been  faid,  there  is  an  infinite  difference  between  that 
and  the   excicife  of  unlimited  power  of  •  taxation,  over 
the  dominions,  without  allowing  them  a  rcprefcnration  : — 
]t  is  faid  t>»iit  the  duties  impofed  by  the  new  aft  will  amount 
to  a    prohibition  :    Time   only  can  afcertain   this.     The 
utility  of  this  aft  is  fo  fully  examined  in  the  appendix, 
that  1  fhall  add  nothing  on  that  head  here      It  may  he  faid 
that  the  colonics  ought  to  bear  their  proportion  of  the   na- 
tional burdens  :  'fisjua  they  fhould,  and  I  think  1  have 
1»roved  they  havf  liways  done  it  freely  and  chearfullyfan-i  I 
■MOW  no  reafon  to  doubi  but  that  they  ever  will. 

Sometimes  we  have  been  conddcred  only  as  the  corporations 
in  England :  And  it  may  be  urged  that  it  is  no  harder  upon 
ns  to  be  taxed  by  parliament  for  the  general  caufe  than  for 
them,  who  befides  are  at  the  cxp^ce  of  their  corporate 

fubofdinate 


e  a  doty  on  the 
npolinga  duty  on 
i  the  fubjcft  was 
nation  could  not 
the  colonies  could 
y  rather  as  a  pre- 
if  'tis  fuch,  it  will 
ting  a  tax  on  all 

be  deducted  out 
h  this.  Marirers 
dominions  :  The 
pit,  and  then  the 
ire  Britifh  fubjcfts 
-office  eftablilhed 
:nce  of  trade  and 

upon  it ;  for  be- 

correfpond  in  this 
ibcrty  to  fend  his 
he  6th  of  his  late 

has  been  Tiid  to 
probable  from  the 
been  fo  exprcfled, 
and  equitable  right 
iro*  the  dominions, 
e  requires  it.  But 
:rence  between  that 
jf  '  taxation,  over 

rcprefcntation  : — 
lew  aft  will  amount 
certain  this.  The 
1  in  the  appendix, 
•e  It  may  Se  faid 
iportion  of  the  na- 
and  I  think  1  have 
ndchearfully»an'j  I 
?  ever  will, 
ly  as  the  corporations 
it  is  no  harder  upon 
meral  caufe  than  for 
I  of  their  corporate 
fubordinat« 


[  63  ] 

fubordinate  government.*  I  anfwcr,  i.  Thofe  corporations 
txc  reptefented'm  parliament.  2.  The  colonics  arc  and 
have  been  at  great  cxpcnce  in  raifing  men,  building  forts, 
and  (lipporting  the  King's  civil  government  here.  Now  I 
read  of  no  governors  and  other  officers  of  his  Majofly's 
nomination,  that  the  city  of  London  taxes  its  inhabitants  to 
fupport  ;  I  know  of  no  forts  and  garrifons  that  the  city  *: 
London  has  lately  built  at  its  own  expence,  or  of  any 
annual  levies  that  they  have  raifed  for  the  King's  fence 
and  the  common  caufe.  Thelc  are  things  \cry  htring 
and  proper  to  be  done  by  a  fubordir.ate  dominion,  -ukI  lis 
their  duty  to  do  all  they  are  "Lie;  but  it  fcems  but  equal 
they  fliould  be  allowed  to  aficfs  the  charges  of  it  them- 
felvcs.  The  rules  of  equity  and  the  prinr'ples  of  the 
conflitution  feem  to  require  this.  Thofe  who  judge  of  the 
reciprocal  rights  that  fubfift  bttween  a  fupreme  and  fubor- 
dinate flate  or  dominion,  by  no  higher  rules  than  are  ap- 
plied to  a  corporation  of  burton -makers,  will  never  have 
a  very  comprehenljve  view  of  them.  Vet  forry  am  I  to 
fay  it,  many  elaborate  writers  on  the  admin'tjlration  of  the 
colonies,  feem  to  me  never  to  rife  higher  in  their  notions, 
than  what  might  be  expefted  from  a  lecretary  to  <mic  of  the 
quorum.  If  I  fhould  be  ranked  among  this  nutnber,  I 
fliall  have  this  confolation,  that  I  have  fallen  into  what  ii 
called  very  good  comjjany,  aod  among  fqine  who  have  feea 
very  high  life  below  flairs.  1  agree  with  the  Admmiltrator. 
that  of  whatever  revenues  raifed  in  the  colonies,  if  they 
muft  be  raifed  without  our  confent,  "  the  firjl  and  jtedal 
appropriation  of  them  ought  to  he  to  the  payifig  the  (iover- 
nors,  and  all  the  other  Crown  officers  ;"  for  it  would  be 
hard  for  the  Coionifls  to  be  obliged  to  pay  them  after  this. 
It  was  on  this  principle  that  at  the  lalt  alTembly  of  this^ 
province,  1  moved  to  flop  every  grant  to  the  officers  o{ 
the  Crown ;  more  efpecially  as  1  know  fbme  who  have 
built  very  much  upon  the  fine  falaries  they  fhall  receive 
from  the  plantation  branch  of  the  revenue.  Nor  can  I 
think  it  "  injuftice  to  the  frame  of  human  nature.f"  to 
fuppofe,  if  i  did  not  know  it,  that  with  flmilar  views  fe- 
veral  officers  of  the  Crown  in  (brae  of  the  colonics  have 
been  puihing  for  fuch  an  aft  for  many  years.     They  have 

obtamed 
*  See  Adtnioilfrattoa  of  the  Colofiict.        j-  Adm.  p.  57- 


I 


[   6^  ] 

obtained  their  wi(h,  and  much  good  it  will  Ao  chem  :  But 
J  \,*oulU  not  give  much  for  all  that  will  center  neat  in  the 
exchequer,  after  dedufting  the  cods  attending  the  cxecuiron 
of  it,  and  the  appropriations  lo  the  (evcral  officers  pro- 
pi.iid    by    the  Adnuniftrator.      What    will  be  ihc    un- 


fuppofe     another 
be     ncceflary  to 


avoidable    confcqurnce    of   all     this, 
war    Ihoald    hap|)en,    and    it    (hould    -- 
cn^  iloy  »;>  many  provincials   in  America  as  in  the   lalt . 
Would   it   be  poflibic  for   the  colonies,  after  being  bur- 
ihcikcd  in  their  trade,  perhaps  after  it  is  ruincd,to  raife  men  ? 
Is  it  probable  that  they  would  have  fpirit  enough  to  exert 
ihemlclves  ?  If  'tis  faid  the  French  will  never  try  for  Am&. 
rica,  or  if  they  (hould,  regular  troops  are  only  to  be  eni- 
ployed.  1  grant  our  regular  troops  are  the  beft  in  the  world, 
and  that  the  experience  of  the  prefent  officers  (hews  that  they 
arc  capable  of  every  fpecies  of  American  (ervice;yet  we  (hould 
guard  againl\  the  word.    If  another  tryal  for  Canada  (hould 
lake  place,  which  from  the  known  temper  of  France,  we 
may  judge  (he  will  bring  on  the  firft  tair  opportunity,  it 
might  require  30  or  40,000  regulars  to  fccurchis  Majefty's 
juft  rights.     It  it  (hould  be  (iiid.that  other  American  duiiet 
muft   then    be  levied,    belldes  the   impolTibilty  of   our 
being  able  to  pay  them,  the  danger  recurs  of  a  large 
(landing  army  fo  remote  from  home.     Whereas  a  good  pro- 
incial  militia,  with  fuch  occafional  fuccours  from  the  mo» 
I  er  country,  as  exigencies  may  require,  never  was,  and 
never  will  be  attended  with  hazard.     The  experience 
of  part  times,  will  (how,  that  an  army  of  20  or  30,000  ve- 
terans, half  2000  miles  from  Rome,  were  very  apt  to  pro- 
c\i\mCefars.  The  firft  of  the  name.the  alfartln  of  his  country 
owed  his  falfe  glory,  to  ftealing  the  affeaions  of  an  a,  riy  from 
ihccjmmonwealth.     I  hope  thefe  hints  will  not  be  taken 
amifs ;  they  feem  to  occur  from  the  nature  of  the  fubjcft  I 
am  upon:  They  are  delivered  in  pure  affeftion  to  myKing 
and  country,  and  amount  to  wo  reflexion  on  any  man.  The 
beft  army,  and  the  beft  men.  we  may  hereafter  have, may 
be  led  into  temptation  ;    all  I  tlVink,  is,  that  a  prevention 
of  evil  is  much  cafier  than  a  d c liver ance  from  it. 

The  fum  of  my  afgumfsit  is,  That  civil  trovcrnmcnt  is  of 
God:  Thattheadminiflratoi'sof  it  wereorigmally  the  whole 
people :  That  they  might  have  devolved  it  on  whom  they 

plealtd  : 


[    (>s    ] 


will  do  them  :  But 
center  neat  in  the 
nding  the  execuiton 
cveral  officer*  pro- 
will  be  the    un- 
fuppefe     another 
I    be     ncceflary  to 
ica  as  in  the   la(t  ? 
t%,  after  being  bur- 
-uined.to  raifc  men  ? 
lirit  enough  to  exert 
I  never  try  for  Amfr* 
I  are  only  to  be  em- 
he  beft  in  the  world, 
ficerslhews  that  they 
ervice;yetwcftioiild 
al  for  Canada  Ihould 
nper  of  France,  we 
fair  opportunity,  it 
»  fccurehisMajefly's 
ther  American  dutiet 
impoflibilty  of    our 
r  recurs  of  a  large 
Whereas  a  good  pro- 
iccours  from  the  mo- 
ire, never  was,  and 
d.     Th«  experience 
of  20  or  30,000  ve- 
lext  very  apt  to  pro- 
e  airalTjn  of  his  country 
tionsofana -ny  from 
[Its  will  not  be  taken 
lature  of  the  fubjcft  I 
;  affeftion  to  myKing 
ion  on  any  man.  The 
y  hereafter  have,  may 
is,  that  a  prevention 
ice  from  it. 

civil  t^ovcrnmcnt  is  of 

re originnllytlie  whole 

IveJ  il  on  whom  they 

plealtd  ; 


of  the 


on 


pleafed  :  That  this  devolution  i$  fiduciary, for  the  good  of 
whole  ;  Thai  by  the  Britifh  conftitution.this  devolution  is 
the  King,  lords  andcommons.the  fupreme,  facred  and  uncon- 
iroulablc  legiflative  power, not  only  inthercaim.but  thro' the 
dominions:  That  by  the  abdication,  the  original  Compaft  waa 
broken  to  pieces  :  That  by  the  revolution,  it  was  renewed, 
and  more  firmly  eflablifhed,  and  the  rights  and  liberties  of 
the  fubjeft  in  all  partsof  the  dominions, more  fully  explaincil 
and  confirmed  :  Thai  in  confequcnce  of  this  eftablifhmcnt, 
and  the  ails  of  fuccedlon  and  union,hisMajertyGEORGF.  111. 
is  rightful  Icint;  and  Ibvereign,  and  with  his  parliament,  the 
fupreme  legiflative  of  Great  Britain  ;  France  and  Ireland, 
and  the  dominions  thereto  belonging :  That  this  conflitution 
is  the  mofl  free  one,  and  by  far  the  beft,  now  exiHing  (  n 
earth  :  That  by  this  conOituiion,  every  man  in  the  doinin - 
ons  is  a  free  man  :  That  no  parts  of  hisMajcfty'sdominioi  S 
can  be  taxed  without  their  confcnt  :  That  every  part  lias  a 
right  to  be  reprefented  in  the  fupreme  or  fomc  fubt>rdinate 
legiflature  :  That  the  refufal  of  this,  would  fecm  to  he  a 
contradiftion  in  praftice  to  the  theory  of  the  conliituti- 
on  :  That  the  colonies  arc  fubordinate  dominions,  and  are 
now  in  fuch  a  ftate.  as  to  make  it  beft  for  the  good  of  the 
whole,  that  they  Ihould  not  only  be  continued  in  the  enjoy- 
ment  of  fubordinate  legiflation.  but  be  alfo  reprelcnrcd  in 
fome  proportion  to  their  number  and  eftates,  in  the  grand 
legiflature  of  the  nation  :  That  thi>  would  firmly  unite  all 
parts  of  the  Britifti  empire,  in  the  greateft  peace  and  prof- 
perity  ;  and  render  it  invulnerable  and  perpetual. 


************  ************** 


APPENDIX. 


HI 


[     66    ] 


I 


APPENDIX. 


The  City  of  Bofton,  at  their  Annual  Meet- 
in  May,  1764,  made  Choice  of  Richard 
Dana,  Jofeph  Green,  Nathaniel  Bethiwe, 
John  Ruddock,  Efq'rs;  and  Mr.  Samuel 
Adams,  to  prepare  Instructions  for 
their  REPRESENTATIVES. 

The  following  Inftruftions  were  reported    by  kid 
Committee,  and  unaiiimoufty  Voted. 

To  Royal  Tykr'\  James  Otis,  Thomas  Cufb- 
ing,  and  Oxenhridge  Thacher,  Efq'rs. 

Gentlemen,     ' 

YOUR  being  chofcn  by  the  freeholders  and  inhabi- 
tants of  the  town  of  Bo/ion,  to  rcprefent  them  in 
the  General  Alfembiy  theenfuing  year,  affords  you 
the  (Irongeft  teOimony  of  that  confidence  which 
they  place  in  your  integrity  and  capacity.  By  this  choice 
they  have  delegated  to  you  the  power  of  afting  in  their 
jniblic  concerns  in  general,  as  your  own  Prudence  fhal I 
direa  you  ;  always  rcPerving  to  themfelves  the  conftituiio- 
m\  ripht  of  exprefTing  their  mind,  and  giving  you  fuch 
inflriiai(,n  upon  particular  matters,  as  they  at  any  time 
ihall  judge  proper. 

*  Now  of  the  hoaorablc  Board  ;  in  whofc  room  was  returned   Mr. 
Ibomai  Gray,  Merchant. 


II  X. 


Annual  Meet- 
ce  of  Richard 
haniel  Bethune, 
i  Mr.  Samuel 
RUCTIONS   for 

cportcd  by  kid 
Jjf  Voted. 

,  Thomas  Cujh- 
r,  Efqrs. 


lolders  and  inhabi- 
>  reprefent  them  in 
ng  year,  affords  you 
at  confidence  which 
ity.  By  this  choice 
r  of  afting  in  their 
)wn  Prudence  fhall 
Ives  the  conftituiio- 
id  giving  you  fuch 
i  ihcy  at  any  time 

We 
ooin  was  rctamcd   Mr. 


[      67      J 

We  therefore  your  conftitucnts  take  ihis  opportunity  to 
declare  our  juft  Expeftations  from  you, 

That  you  will  cqnftantly  ufe  your  power  and  influence 
in  maintaining  the  invaluable  rights  and  privileges  of  the 
province,  of  which  this  town  is  fo  great  a  pan  :  As  well 
thofe  rights  which  are  derived  to  us  by  the  royal  charter,  as 
thofe  which  being  prior  to  and  independent  on  it,  we  hold 
eiTentially  as  free-born  fubjedh  of  Great-Britain  ; 

That  you  will  endeavour,  as  far  as  you  fhali  be  able,  to 
prcferve  that  independence  in  the  houle  of  reprcfentativcs, 
which  charafterizes  a  free  people  ;  and  the  want  of  which 
may  in  a  great  meafure  prevent  the  happy  el?e(f!:s  of  a  free 
government :  Cultivating  as  you  fhall  have  opportunity,that 
ifiarmony  and  union  there,  which  is  ever  defirable  to  good 
men,  when  founded  in  principles  of  virtue  and  ,)ublic  fpi- 
rit ;  and  guarding  again(t  any  undue  wcii^ht  which  npy  tend 
to  difadjuft  that  critical  balanct  ipon  which  our  happy  con- 
ftitution,  and  the  bleflTmgs  of  it  do  depend.  And  for  this 
purpofe,  we  particularly  recommend  it  to  you  to  ufe  your 
endeavours  to  have  a  law  pafled,  A'hereby  the  leats  of  fuch 
gentlemen  as  fhall  accept  of  pof};  of  profit  from  theCrown, 
or  the  Governor,  while  they  are  members  of  the  houfe, 
fhall  be  vacated,  agreeable  to  an  aft  of  the  Britifh  parlia- 
ment, 'till  their  confiituents  fliall  have  the  opportunity  of 
rc-elcfting  them,  if  they  plcafc,  or  of  returning  others  in 
their  room. 

Boing  members  of  the  Icgiflative  Iwdy.  yon  will  have  a 
fpecial  Vcgard  to  the  morals  of  this  people,  which  jire  the 
bafis  of  public  happincfs ;  and  endeavour  to  have  fuch  laws 
madcif  any  are  (till  wantin.^.as  fhall  be beft  adapted  to  fecure 
them  :  And  we  particularly  defire  you  carefully  to  look  into 
the  laws  of  excifc.  that  if  the  virtue  of  the  people  is,  en- 
dangered by  the  multiplicity  of  onths  therein  enjoined,  or 
their  trade  and  bufinefs  is  unrcafonably  itnpeded  or  embar- 
ralled  thereby,  the  grievance  may  be  redreifcd. 

As  the  prc-fervation,  of  morals,  as  well  as  properly  and^ 
right,  fo  much  depends  upon  the  impartial  dillribiirion  of 
juiHce,  agreeable  to  ',;(»od  and  wholeibme  law  :  And  as  the 
judges  of  the  land  do  depend  uj^on  the  free  grants  of  the 
general  afJembiy  for  fupport ;  ic  is  incumbent  upon  you  at 
all  times  to  give  your  voice  for  their  honourable  ni^intenruc? 

1    2  fo 


•^' 


[     68    ] 

folong  as  they,  having  in  their  minds  an  indifference jo  all 
Lther  affairs.  fhiUderotc  themfclvcs  wholly  to  the  du«« 
of  their  own  department,  and  the  further  ftudy  ot  the  law, 
by  which  their  cuftoms,  precedents,  proceedrags  and  deter- 
minations are  adjaWed  and  limited.  ... 

You  will  remember  that  this  province  hath  been  at  a 
very  great  expence  in  carrying  on  the  war  -and  ^h"  « Itill 
lies  under  a  very  grievous  burden  ot  debt :  You  wjll  the  c- 
fore  ufe  your  uimoft  endeavor  to  promote  public  frugality 
as  one  means  to  leflcn  the  publick  debt.  jr.. 

YoawUlioininanypropofals  which  may  be  made  tor 
the  better  cultivating  the  latids,  and  improving  the  husban- 
dry of  the  province  :  and  as  you  reprefent  a  town  which 
lives  by  its  trade,  we  cxpeft  in  a  very  particular  manner, 
that  you  make  it  the  objeft  of  your  atteniion.to  fupport  our 
commerce  in  all  its  jult  rights,  to  vindicate  it  from  all  un- 
rcafonable  impofitions.  and  promote  us  profperity-      uur 
trade  has  for  a  long  time  laboured  under  great  difcourage- 
meats ;  and  it  is  with  the  dcepeft  concern  that  we  fee  iuch 
further  difficulties  coming  upon  it,  as  will  reduce  it  to  tne 
lowed  ebb,  if  not  totally  obftruft  and  ruin  it.     We  cannot 
help  expreflfrng  our  furprize  that  when  fo  early  notice  was 
civen  by  the  agent,  of  the  intentions  of  the  miniftry.  to  bur- 
then us  with  n?w  taxes,  fo  little  regard  was  had  to  this  moll 
intercaing  matter,  that  the  court  was  not  even  call  d  toge- 
ther to  confult  about  it  'till  the  latter  end  of  the  year ;  the 
confequence  of  which  was.  that  inftruaions  could  not  be 
fent  to  the  agent,  tho'  follicitcd  by  hm,  'till  the  evil  had 
cot  beyond  an  eafy  remedy.  „,     ».     r  ^ 

^  Th  re  is  now  no  room  for  further  delay  :  We  therefore 
expea  thit  you  will  ufe  your  earlieft  endeavours  m  theOe- 
ncral  Aflcmbly.  that  fuch  methods  may  be  taken  as. will  et- 
feftually  prevent  thefe  proceedings  agamft  us.  ^y  a  proper 
reprefentation,  we  apprehend  it  may  caf.ly  be  made  to  ap- 
pear that  fuch  feverities  will  prove  detrimental  to  GreatBri- 
fain  itfelf :  upon  which  account  we  have  reafon  to  hope  that 
an  application,  even  for  a  repeal  of  the  aft,  fhould  u  be  al- 
ready pafs'd,  will  be  fuccelsful.     It  is  the  trade  of  the  co- 
lonies,  that  renders  them  beneficial  to  the  mother  country  : 
Our  trade,  as  it  is  nov^,  and  always  has  been  condudted.cen- 
tersiQ  Great  Britain,  and  in  retuf  A  for  her  manutadtmes. 


1 


nndiflTcrencetoall 
loUy  to  the  duties 
r  ftudy  of  the  law, 
ceedings  and  dcter- 

e  hath  been  at  a 
/ar ;  and  that  it  ftill 
)t :  You  will  iherc- 
ote  public  frugality 

maybe  made  for 
)roving  thchusban- 
?rent  a  town  which 
r  particular  manner, 
niion.to  fupport  our 
icate  it  from  all  un- 

profperity Our 

er  great  difcourage- 
:ern  that  we  fee  fuch 
*iU  reduce  it  to  the 
ruin  it.  We  cannot 
fo  early  notice  was 
•  the  miniftry,  to  bur- 
was  had  to  this  moft 
lot  even  call'd  toge- 
;nd  of  the  year ;  the 
ru£tion8  could  not  be 
im,  'till  the  evil  had 

klay  :  We  therefore 
endeavours  in  theGe- 
y  be  taken  as.willef- 
^ainftus.  iiy  a  proper 
afily  be  made  to  ap- 
trimental  to  GreatBri- 
ive  reafon  to  hope  that 
le  aft,  fhould  it  be  al- 
is  the  trade  of  the  co- 
)  the  mother  country  : 
js  been  condu£ted,cen- 
for  her  manufaftures, 
affords 


[  69  ] 

affords herraore  ready  calh,  beyond  anytomparifon,  than 
can  poflibly  bcexpefted  by  the  moftfanguine  promoters  of 
theft  extraordinary  methods.  We  are  in  fliort  ultimately 
yielding  large  fupplies  to  the  revenues  of  the  mother  coun- 
try, while  we  are  labouring  fot  a  very  moderate  fubfidencc 
for  ourfelves.     But  if  our  trade  is  to  be  curtail'd  in  its  moft 

Gofitablc  branches,  and  burdens  beyond  all  poffible  bearing 
id  upon  that  which  is  fuffer'd  to  remain,  we  fhall  be  i'o  far 
from  being  able  to  take  off  the  manufaflures  of  Great  Bri- 
iain,that  it  will  be  fcarce  poffible  for  us  to  earn  our  bread. — 
But  what  ftill  heightens  our  apprehenfions  is,  that  ihefe 
unexpefted  proceedings  may  be  preparatory  to  new  taxations 
upon  us  :  For  if  our  trade  may  be  taxed,  why  not  our 
lands  ?  Why  not  the  produce  of  our  lands,  and  every  thing 
we  poflefs  or  make  ute  of?  This  we  apprehend  annihilates 
our  charter  right  to  govern  and  tax  ourfelve? — It  ftrikes  at 
our  Britifh  privileges,  which  as  we  have  never  forfeited 
them,  we  hold  in  common  with  our  fellow  fubjefts  who  are 
natives  of  Britain  :  If  taxes  are  laid  upon  us  in  any  fhape 
without  our  having  a  legal  reprefentation  where  they  are 
laid,  are  we  not  reduc'd  from  the  cbarafter  of  free  fub- 
iefls  to  the  miferabie  ftate  of  tributary  flaves  ? 

We  therefore  earneftly  recommend  it  to  you  to  ufe  your 
Utmoft  endeavors,  to  obtain  in  the  general  aflembly,  all  ne- 
ceflary  inftruftion  and  advice  to  our  agent  at  this  mofl  critical 
junfture  ;  that  while  he  is  fetiing  forth  the  unfhaken  loyalty 
of  this  province  and  this  town— irs  unrival'd  exertion  in 
fupporting  his  Majefty's  government  and  rights  in  this  part 
of  his  dominions— its  acknowledg'd  dependence  upon  and 
fubordination  to  Great-Britain ;  and  the  ready  fubminion 
of  its  merchants  to  all  juft  aid  neceflary  regulations  of  trade ; 
he  may  be  able  in  the  moft  humble  and  preffing  manner  to 
remonftrate  for  us  all  thofe  rights  and  privileges  which 
juftly  belong  to  m  either  by  charier  or  birth. 

As  his  Majefty's  other  northern  American  colonies  are 
embark'd  with  us  in  this  moft  important  bottom,  we  further 
defire  you  to  ufe  your  endeavors,  that  their  weight  may  be 
added  to  that  of  this  province :  that  by  the  united  applica- 
,  tion  of  all  who  arc  aggrieved.  All  may  happily  obtain 
redrefs. 

Subftance 


'V 


■9 

it! 


M' 


[    70    ] 

Subftance  of  a  Memorial  prefentcd  the  Af- 
fembly,  in  Purfuance  of  the  above  In- 
flru6tioii3  ;  and  by  the  Houfc  voted  to 
be  tranfmitted  to  Jasper  Mauduit,  Elq; 
Agent  for  this  Province ;  to  be  improved 
as  he  may  judge  proper. 

THE  pubHck  tranfaftlons  from  William  the  I.  to 
the  vevoluiion,  v;iay  be  confidercd  as  one  continued 
ftruggle  between  the  prince  and  the  people,  all 
tending  to  thot  happy  eftablifliment,  which  Great- 
Britain  has  fince  enjoyed. 

The  abfoluie  rights  of  Englilhmen,  as  frequently  de- 
clared in  parliament,  from  Magna  Charia.  to  this  time,  are 
the  rights  of  perfinal  fecurity,  ferfonal  liberty,  and  of 
private  property. 

The  allegiance  of  Briilfh  fubjefts  being  natural,  perpe- 
tual and  infeparable  from  their  perfons,  k*  them  be  in  what 
country  they  may ;  their  rights  are  alfo  natural,  inherent 
and  perpetual. 

By  the  laws  of  nature  and  of  nations,  the  voice  of  iini- 
verfal  rtafon,  and  of  God,  when  a  nation  takes  poflefljon 
of  a  defcrt,  uncultivated  and  uninhabited  country,  or  pur- 
chafes  of  Savages,  a<;  was  the  cafe  with  far  the  grcateft 
part  of  the  Britifh  fcttlements ;  the  colonics  tranfplanting 
themfelves,  and  their  pofterity,  tho*  feparated  from  the 
principal  eltablifliment,  or  mother  country,  naturally  be- 
come part  of  the  ftate  with  its  ancient  po{Ie(llons,  and  in- 
titled  to  all  the  eflential  rights  of  the  mother  country.  This 
is  not  only  confirmed  by  the  practice  of  the  antients,  but 
by  the  moderns  ever  fince  the  difcovery  of  America. 
Frenchmen,  Spaniards  and  Portugal  are  no  greater  ilaves 
abroad  than  at  home  ;  and  hitherto  Britor.s  have  been  as 
free  on  one  fide  of  the  arlantic  as  on  the  other  :  And  it  is 
humbly  hoped  that  his  NLijefty  and  the  Parliament,  will  in 
their  wifdom  be  gracioufly  pleafed  to  continue  the  colonilts 
in  this  happy  ftate. 

It  is  prefumed,  that  upon  thefe  principles,  the  roionirts 
have  been  by  their  feveral  charters  declared  natural  fubjefts. 

and 


*entcd  the  Af- 
:he  above  In- 
ufc  voted  to 
Iauduit,  Elq; 
)  be  improved 


William  the  I.  to 
:d  as  one  continued 
id  the  people,  all 
lent,  which  Great- 

as  frequently  de- 
a.  to  this  time,  are 
il  liberty,   and  of 

ing  natural,  perpe- 

k"^  them  be  in  what 

natural,  inherent 

,  the  voice  of  iini- 
ion  takes  pofleffion 
;d  country,  or  pur- 
b  far  the  grcateft 
onids  rranfplanting 
Separated  from  the 
ntry,  naturally  be- 
joflefllons,  and  in- 
ther  country.  This 
r  the  antients,  but 
ivery  of  America. 
3  no  greater  ilaves 
tor.s  have  been  as 
e  other  :  And  it  is 
Parliament,  will  in 
ntinuc  the  colonilts 

ciples,  the  rolonifls 

red  natural  fubjefts. 

and 


[      71      ] 

and  entrufted  with  {he  power  of  making  their  own  local 
laws,  not  repugnant  to  the  laws  of  England,  and  with 
the  power  of  taxing  them/elves. 

This  legiflative  power  is  fubjcft  by  the  fame  charter  to 
the  King's  negative  as  in  Ireland.  This  effeftudlly  fecures 
the  dependence  of  the  colonies  on  Great-Britain. — By  the 
thirteenth  of  George  the  fecondy  chapter  the  ninth,  even 
foreigners  having  lived  feven  years  in  any  of  the  colonies, 
are  deemed  natives  on  taking  the  oaths  of  allegiance,  &c. 
and  are  declared  by  the  faid  aft  to  be  his  Majefty's  natural 
born  fubjefts  of  the  kingdom  of  Great-Britain,  to  all  in- 
tents, conftruftions  and  purpofes,  as  if  any  of  them  had 
been  born  within  the  kingdom.  The  reafons  given  for 
this  naturalization  in  the  preamble  ot  the  aft  are,  "  that  the 
increafe  of  the  people  is  the  means  of  advancing  the  wealth 
and  ftrcngth  of  any  nation  or  country ;  and  that  many 
foreigners  and  (hangers,  from  the  lenity  of  our  government, 
the  purity  of  our  religion,  the  benefit  of  our  laws,  the 
advantages  of  our  trade,  and  the  fecurity  of  our  property, 
might  be  induced  to  come  and  fettle  in  fome  of  hisMajefty's 
colonics  in  America  ;  if  they  were  partakers  of  the  advan- 
tagcs^and  priviledges,  which  the  natural  born  fubjefts  there 
cnjoy.""*^ 

1  he  feveral  afts  of  parliament  and  charters  declaratory 
of  the  rights  and  liberties  of  the  colonies  are  but  in 
affirmance  of  the  common  law,  and  law  of  nature  in  this 
point.  There  are  fays  my  Lord  Coke,  regularly  three  in- 
cidents to  fubjefts  born,  (i.)  Parents  under  the  aftual 
obedience  of  the  King.  (2.)  That  the  place  of  his  birrl; 
be  within  the  Kmg's  dominions.  (3)  The  time  of  his 
birth  to  be  chiefly  confidcred  :  For  he  cannot  be  a  fubjeft 
born  of  one  kingdom,  that  was  born  under  the  alieijiance 
of  the  King  of  another  kingdom  ;  albeit  afterwards  'be 
kingdom  defccnds  to  the  Kfngof  the  other  kingdom.  See 
Calvin's  cafe,  and  the  feveral  afts  of  parliament  and  deci- 
(ions  on  naturalization,  from  Edward  the  third  to  this  day. 
The  conamon  law  is  received  and  prafticed  upon  here,  and 
in  the  reft  of  the  colonies  ;  and  all  antient  and  modern 
afts  of  parliament  that  can  be  confidered  as  part  of,  or  in 
amendment  of  the  common  law,  together  with  all  fuch 

*  13  G.  2.  C.  7. 


'') 


[  72  ] 

z£ts  of  parliament  as  cxprefly  name  the  plantations;  fo  that 
the  power  of  the  Britifh  parliament  is  held  as  facrcd  and 
as  uncontroulable  in  the  colonies  as  in  England.  The 
queftion  is  not  upon  the  general  power  or  right  of  the 
parliament,  but  whether  it  is  not  circumfcribed  within  fome 
equitable  and  reafonable  bounds  ?  'Tis  hoped  it  will  not 
be  confidcred  as  a  new  doflrine,  that  even  the  authority  of 
che  parliament  of  Great-Britain  is  circumfcribed  by  cer- 
tain bounds,  which  if  exceeded  their  afts  become  thofe 
of  meer  power  without  right,  and  confequently  void. 
The  judges  of  England  have  declared  in  favour  of  thefc 
fentiments,  when  they  exprefly  declare  ;  that  aSfs  of  par- 
itament  ogainji  natural  equity  are  void.  That  aSis  againjl 
the  fundamental  principles  of  the  Britijh  conjlitution  are 
void.  *      This  do£lrine  h  agreable  to  the  law  of  nature 

and 

•  ••  A  very  important  queRionhere  prefeatt  Urelf.  It  effentiallybeloo^ 
to  the  focicty  to  make  laws  botU  in  relation  to  the  manner  in  which 
it  defirct  to  be  governed,  and  to  the  conduft  of  the  citizent  :  Thi»  i» 
called  the  Legijhtive  Power.  The  oition  may  entraft  the  cx'TrciIie  of 
it  to  the  Prioce.  er  to  an  affembly  ;  or  to  the  alTembly  and  thcPrince 
jointly  ;  who  have  then  a  right  of  making  new.  and  abrogating  old 
laws.  It  is  here  demanded  whether,  if  their  power  extend*  fo  far  at 
to  the  fundamental  Uwi.they  may  change  the  cooftitution  of  the  ftite? 
The  orinciplei  we  hate  laid  down  lead  01  to  decide  thu  point  with 
certainty,  that  the  authority  of  thefe  legiQatori  does  not  exteod  fo  far, 
and  that  they  ought  to  confider  the  fbndamental  lawi  at  facred,  if  the 
nation  has  not  in  very  expref*  term*  given  them  the  power  to  change 
thcnj  For  the  conllitution  of  the  flate  ought  to  be  Uxed  ;  and  unco 
that  was  firft  eftabtiOied  by  the  oatioo,  which  afterwardi  trailed  cer- 
tarn  per'"™*  with  the  Icglfl^tivc  pawer.  the  fundamcrttl  lawi  nrc  ex- 
cepted from  their  comniiHon.  It  appears  that  the  fociety  had  only 
icfolfcd  to  makr  prov.lion  for  the  Hate's  being  always  furo.lhcd  with 
laws  fuited  to  particuUr  co.  junfldrcs.  and  gave  the  legiflatu;e  for  that 
purpofe,  the  power  of  abrogating  the  ancient  civil  and  political  law», 
that  were  not  fundamental,  and  of  rnaWng  new  ones  :  But  nothing 
leads  us  to  think  ihai  it  was  willingto  fubroit  the  cokIIiIuiiod  itlelt  to 
their  pleafurc. 

Wh  n  a  nation  takes  pofTcffion  of  a  dif^ant  coontry.  and  fettles  a  colony 
tlurs.  that  counity  .hough  Itp.ratol  Irom  the  principal  cftablifhment. 
or  .noiher  cmi.  '.y,  naiu.-lly  Seconds  a  pan  of  the  ftaie.  equally  w  ih 
itr  anr R-nt  pofllffions.  U  henevtr  ihe  politicai  laws,  or  treaties  make 
no  nil.n«.oo  huv^en  them,  e^ery  thing  f.id  of  the  tciritory  of  a  na- 
ixoi.,  oujiht  alfo  u)  tx.wod  to  its  colonics."  D'  Vattcl.      _ 


M 


plantations;  fothat 
held  as  facred  and 
in  England.  The 
er  or  right  of  the 
(cribed  within  Tome 
i  hoped  it  will  not 
ren  the  authority  of 
cumfcribed  by  ccr- 
a£ts  become  thofe 
confequenily  void, 
in  favour  of  thefis 
;  ;  that  aSfs  of  par- 
That  a^s  againjl 
lijh  conjlitut'ton  are 

0  the  law  of  nature 

and 

:tr.  It  eflentiallybeloogi 
to  the  manner  in  which 
of  the  citizens  :  Tbi*  is 
ay  eotruft  the  cx'rrcife  of 
e  afTcmblj  and  thcPiince 
ew.  and  abrogating  old 
power  extends  fe  far  as 
:  cooftitutioo  of  the  iXttti 

1  decide  this  point  with 
s  does  not  cxteod  To  far. 
ital  laws  as  facred,  if  the 
km  the  power  to  change 
It  to  be  fixed  ;  and  fince 
\\  afterwards  trafted  cer> 
undamcntsi  lawi  sre  ex- 
it the  fociety  bad  only 
ig  always  faroilhed  with 
Te  (he  legiflature  for  that 

civil  and  political  laws, 
new  ones  :  Bui  nothing 
t  the  coiiflitutioa  itfclf  to 


try,  and  ftttles  a  colony 

K;  principal  cftablifhmcnt, 

ofiheft^te,  equally  wih 

cai  laws,  or  treaties  make 

of  the  iciritory  of  a  na- 

D'  Vattcl. 

An 


t     73     ] 

and  nations,  and  to  the  divine  dilates  of  natural  and 
revealed  relii^ion.  It  is  contrary  to  roafon  that  the  (uprcnie 
power  fliouid  have  right  to  alter  the  conniiuiion.  This 
would  imply  that  thol'e  who  are  intruded  with  Sovereignty 
by  the  people,  have  a  right  to  do  as  ihcy  plcale.  la 
other  woids,  that  thofc  who  are  invplled  with  power  to  pro- 
teft  the  people,  and  Cupport  their  liglus  and  liberties,  have 
a  right  to  make  Haves  of  them.  This  is  not  very  remote 
from  a  flat  contradiaion.  Should  the  parliament  of  Great- 
Britain  follow  the  example  of  Pjmc  other  forcij.'.n  (laics^, 
and  vote  the  King  ablolute  atiJ  deiporic  ;  would  fuch  aa 
aft  of  parliament  make  him  lb  ?  Wowld  any  minifler  in  his 
fenfes  advifc  a  Prince  to  accept  of  fuch  an  offer  of  power  ? 
It  would  be  unfafe  to  accept  of  fuch  a  donation,  bccaufe 
the  parliament  or  donors  would  grant  more  than  wa?  ever 
in  their  power  la'./'ully  to  give.  '  'I  lie  law  of  nature  never 
invcftcd  them  with  a  lower  of  furrcndcring  their  own  liber- 

K  ty  ; 

•'  An  rft  of  parliament  made  againfl  nnturil  equi  y  a«  to  make  a  man 
judge  m  his  own  caure.woulil  he  void  ;  Vox  jwa  nature  fmt  immuta- 
bilia  Hob  87.  Trin.  12.  J^c.  Da>  v.  Savage  S  C.and  P.  cited  Arg. 
10.  Mod.  I  If  Hill.  II  Ann.  C.  B  in  the  afc  of  Thornby  and 
Fleetwood.  "  but  fays,  that  this  nnitl  hi  a  clear  cufc,  and  judges 
will  ftrain  hard  rather  than  interpret  an  afl  void,  ab  i..ino."  Thii  it 
g  ,nted.  iulJJili  their  authority  is  not  iounJIe/s,  if  /ulijcd  to  the  cm- 
traulofthr  jutigti  in  any  .ale.  ^ 

"  Holt.  Chief  juhce  though;  whit  Lord  Coke  f.*ys  in  Doflor  B  ihams 
c»fc  a  very  reafonable  and  true  frying  that  if  an  aft  of  p.r!ian;ent 
(hould  ordain  tliat  the  f^mc  perfon  fhouKi  be  both  party  and  jiJi^c  in 
his  own  caufc,it  would  be  a  void  nd  of  p^tiliament,  and  an  art  of  par- 
liament can  do  no  *rong  tho'  it  may  do  fcvcrai  things  thnt  look 
pretty  odd  ;  for  it  m*y  di(charge  one  from  the  aliegia  ce  he  lives  un- 
der, and  reflorc  to  the  (Uic  of  nature  ;  but  it  cin.  ot  mnke  one 
that  lives  u^der  a  Rovernincnt  both  judge  and  p»tty  per  Holt.  C.  j 
12  Mod.  687,  688    Hill.   13    W.  3    rt    K.    in  the  c^fe  of  the  city  ct 

LooGon  V.   Wood It  appears  in   cur  booUs    that    in  fcveral  cafes 

the  common  law  (hall  controul  ads  of  parli-meni.  and  fomttiircs  ac<  • 
judge  ihcni  to  he  utterly  void  ;  lor  when  an  aft  of  pir'i.miei.iis  sg.iW.it 
ConiM.on  Tight  and  reafon  or  repugnant  or  inipolliblc  to  he  pctf  ind 
the  common  law  (halloontroul  it.  and  idja'tpc  it  to'c  voil.an.!  there- 
fore  8  K.  3  30.  Thinvis  Tregor's  catt  u;.<.n  ihc  ftaiute  (-f  'V  2. 
Cap  38.  an  1  :\x\  Sup  (hart  9  Hcric  (-ii  that  fameiin)cs  (h.tuic. 
are  made  contrary  to  law  and  right,  whici  t'ie  makers  of  tlic:u  p-i  ■ 
ceiving  will  not  put  them  in  execution  8  Rt-'p  118  iidl.  7  J  i-T 
tfoiiham's  c.tfe. 

•  SwcJea,  Denmark,  France,  &c. 


I'  I 


% 


it- 


il 


'[    74    ] 

ty ;  and  the  people  certainly  never  intruncd  any  body  of 
men  with   a   power  to  furrcnder  theirs  in  exchange   for 

flavcry.  *  ^         u  • 

It  is  now  near  three  hundred  years  (»nce  the  contment 
of  North-America  was  firll  difcovercd,  and  that  by  Britilh 
fLibiefts.-j-  Ten  generations  have  palled  away  thro'  infinite 
toils  and  bloody  contlias  in  fettling  this  country.  None 
ot  thole  ever  dreamed  but  that  they  were  intiiled,  at  lealt, 

to 

•  "But  if  the  viho\e  flafc  be  conquered, if  the  nation  be  fubdued.in  wh»t 
maoncr  c-n  ihc  viftor  treat   it    wiihoui   tracfgrclfing    the  boundi   of 
juflicc  ?   Wh4t  are  hi*  rights  o»cr  the  conqucH  ?  Some  haie  dared  to 
a^va-^cc  this  monfirous  principle  that  the  corqueior  is  abfolute  mafter 
of  his  conquell  ;  tha:  he  nuy  difpofc  of  it  at  his  propcr>y.  treat  it  a* 
he  pleafes.  accordinn  to  lUc  ciimmon  expreffion  of  treating  m  Jiate  «/ 
m  conautred  cruntry  ;  and  hence  they  derive  one  of  the  fourcei  of  def- 
potic  KO»etnmcot :   But  enough  of  thofc  that  reduce  men  to  the  Hate 
of  tramfcr»Me  goods,  or  ufc  them  like  bealL  of  burden,  *ho  deliver 
them  up  as  the  property  or  patrimony  of  another  man.     Let  ua  argue 
on  principles  countenanced  by  rcafon  and  becoming  humanity      The 
whole  right  of  the  conqueror  proceeds  from  the  juft  defence  of  him- 
felf,  which  contains  the  fupport  and  profccution  of  his  rights.    Thu« 
when  he  h^s  totally  fob  !ue.1  a  nation  with  whom  he  had  been  at  war, 
he  may  without  difpu^e  caufc  jullice  to  be  done  him,  with   regard  to 
what  gave  rife  lo   he  w^tr,  and  require  payment  for   the  expencc  and 
damage  he  h*s  fu.Uincd  ;  he  may  according  to  the  exigency  of  the 
cafe  impoic  pcr^Uies  on  it  as  an  example,  he  may  (hould  prudence  io 
diftitc  difable  it  from  undertaliing  any  pernicious  dcfigns  for  the  future. 
But  infeciirin^  all  thefc  views  the  mildcft  mraoi  are  to   be  perferrcd; 
We  are  always  to  remember,  thai  the  law  of  nature  permits  no  injury 
to  be  done  to  ;*n  enemy,  unlefs  in  taking  meafures  neceffary  for  a  iuft 
defence,  and  a  reafonable  fccority     Some  princes  have  only  impofed  a 
tribute  on  it ;  others  have  been  f^tisfied  of  flripiog  it  of  feme  privileges, 
difmembiing  a  province,  -.r  keeping  it  in  awe  by  fjrtrefTci  ;  others  a» 
their  qiurrei  « ,«s  only  with  the  fovercign  in  pcrlon,  have  left  a  nation 
in  the  lull  enjoyment  of  all  its  rights,  only  fcning  a  fovercign  over  it. 
But  if  ihe  cinqneror  thinks  proper  to  retain  the  ^  vereigoty  of  the  van- 
quifhed  fl^tr,  and  has  loch  a  right ;  the  manner  *«  which  he  is  to  treat 
ttic  flate  ftil!  fliws  from  the  fame  principles.  If  the  fovercign  beoi.ly 
the  iud  objea  of  his  coroplaint.reafon  declares  that  by  bis  cooquefl  he 
acquires  only  foch  rights  as  aflually  belonged   to  the  dethroned  fo- 
«ereisn,a.  d  on  ilic  fubmiffion  of  his  people  he  is  to  govern  it  according 
to  the  la-vs  of  the  (Kite.      If  the  people  do  not  voluntarily  fubmit.ihc 
(Utc  of  war  fuSfills  "     "  When  -^  lovereign  as  pretending  to  h,ive  the 
ahf'iluic  (iHpoC;*!  of  a  peoi^le  whom    he  hss  conquered,  is  for  ir (living 
them,  bccaufcs  thcflaieof  war  to  fubfitt  between  this  peop'c  &  him." 

Mr.  De  Vaitel.  B   3.  C.  10.  fee.  201. 

t  The  Cabots  difcotcted  the  ContiacBt  before  the  Spaniard!. 


H 


fled  any  body  of 
exchange  for 


in 


nce  the  continent 
ind  tliat  by  Britilh 
away  thro'  infinite 
s  country.  None 
e  intiiled,  at  Icaft, 
to 

ion  be  fubdued,!!!  what 
rcifing    the  bounds   of 
?  Some  have  dared  to 
icior  is  abfolute  mafter 
lis  propcny,  treat  it  a* 
of  treating  «  Jiale  «/ 
:  of  the  fourcei  of  dcf- 
educe  men  to  the  flate 
f  burden,  *ho  deliver 
Eir  man.     Let  ua  argue 
Tjing  humanity      The 
e  juft  defence  of  him- 
n  of  his  right  J.    Thus 
m  he  had  been  at  war, 
e  him,  with   regard  to 
It  for   the  expeoc'.'  and 
to  the  exigency  of  the 
Tiay  <hould  prudence  To 
isdcfigns  for  the  future. 
II  are  to   be  perferrcd; 
»atu'e  permiti  no  injury 
[iires  neceffary  for  a  juft 
;es  have  only  impofed  a 
mg  it  of  fome  pri»ilegcs, 
ly  fjrtrefTci  ;  others  v» 
irfon,  hare  left  a  nation 
ring  a  fovercigo  o»cr  it. 
:  ^  vereigoty  of  the  »an- 
r  tfl  which  he  is  to  treat 
If  the  fo»ereign  be  oi.ly 
that  by  hii  coo^ucff  he 
to  the   dethroned   fo- 
il to  govern  it  according 
t  voluntarily  fubmit.ihe 
I  pretending  to  h.tve  the 
nquered,  is  for  ir (living 
ten  this  peop'c  &  him," 
)   3.  C.  10.  fee.  201. 
:e  the  Spaniards. 


[     75     ] 
to  equal   priviledgcs  with  thoib  of  tlic   fame  rank  born 

"'tcilUVmcnca  has  been  hitherto  diaingniO^d  fr;^  the 
flavifh  colonies  around  about  it.  as  the    fortunate   Bntons 
have  been  from  .v.ott  of  their  neighbours  on  the  comment 
of  Europe      It  is  for  the  in.ercd  of  Grcat-Br.tam  that  l)er 
colonies^n^ould  he  ever   thus  d.llinguilhcd.     I.vcry  n.ati 
.^urt  wdfully  blind  hi..felf  that  don't  i...  the    m.ncnlc 
value  of  our    acquilitions  in  the  late  war ;  and   that  tho 
le  did  not  retain  all  at  the  conclufion  o(   tnc  peace  tha 
we  obtained  by  the  fword  ;  yet  o.tr  Rrac.o.^  ^^^r^J^ 
the  fame  time  that  he  has  g.ven  a  d.v.nc  lefTun  .>[  equ.  a^e 
moderation  to  the  Princes  of  the  <.artl>.  has   returned  (uffi- 
dent  to  make  the  Britifh  arms  the  dread  of  tUe  umverfe. 
and  his  name  dear  to  all  policniy.  ^  j  ,^  rlV.r 

To  the  freedom  of  the  Britilh  conflitution.  and  to  heir 

increafe  of  commerce,  'tis  owing  !'f  ,^^\f '  ^"'^.^C- 
flourifhed  without  diminifti.ng  the  -'^»,^";:-'^.^^,;^f  J°, 
thpr  country  •  quite  contrary  to  the  ctlta.  ol:  plantations 
made  by  moft  other  nations!  which  have  M  red  at  home. 
Torder^o  aggrandize  themfelvcs  abroad.     T  lus  .s  remark- 
bly  the  ca(b  with   Spain.     The   luUjcas  of  a   free  and 
happy  conditution  of  government,    have  a  thoufand  ad- 
vraaes  to  colonize  above  thofe   who  live  under  dcfpot.c 
rnces      Wc  fee  how  the  Bri.ifh  colonies  on  the  continent, 
Tavc  o^t-grown  thofe  of  the  French   notwithllaudu.g^  ey 
have  eve  engaged  the  Salvages  to  keep  us  back.      1    etr 
i^^rn^^s  o^.h.  in   the  WnMnd-es   are.  r^^! 

lea  in  former  reigns,   m  loficr mg  them   ^°  "^  ,     , 
po(reir.on  of  fo  many  vahuble  dlands   thnt  -'^  ^^^  f  ''J^^^ 
li^lc  to  than  they.     {^.)  The  French  -ab le  to  puOl  the 
fettlements  cfTcaually  on  the  contma.t.    have  lent   thetr 
views  to  the  iilands,   and  pou-ed  val    ■:-'^bcrs  mto  them 
(q  )  The  climate  and  bufinefs  of   ihefe  .Hands  is  by   n  .u  c 
mVch  better  adapted  to  Fre,>ch:ncn  and  to  Negroes,   ^..^o 
Britons.     (4.)   The  labour  of  flaves,  black  or  ^^^"«'/"' 
be  Ive    cheaper  than  that  of  freemen,  becaufe  that  of  tl  e 
indWiduals  aLng  the  former,  w.ll  never  be  -rth^.  mu  1 
as    with  the   lat-er:    but    this   difference    is  mpre   than 
l,;^l  J  by  numbers    u.^er  the  advantage,  abovem.n-^ 


[    7<5    ] 


:* 


tinned.  The  French  will  ever  be  able  to  fell  their  Wcft- 
Jiulia  produce  cheaper  than  our  own  illandcis  ,  and  yet 
while  our  o^n  iilandors  can  have  fuch  a  price  for  theirs,  as 
to  grow  much  richer  th,»n  the  Frtncli,  or  any  other  of  tho 
King's  fuSjc(f^8  in  America,  as  is  the  cafe,  and  what  tho 
•northern  colonies  take  from  the  French,  and  other  foreign 
iflands.  ocnters  tin^lly  in  returns  to  Great-Britain  for  her 
manufa^Mres,  to  .  immenle  value,  and  with  a  vail  profit 
to  her  :  It  is  contrary  to  the  firll  principles  of  policy  to 
clog  fuch  a  trade  with  duties,  much  more  to  prohibit  it,  to 
thr  r\Xo:v-  if  not  certain  definition  of  the  fifhcry.  It  is 
allowed  by  the  mofl  accurate  Britilh  writers  on  commerce, 
;Mr.Po(tlcthwait  in  particular, who  feems  to  favour  the  caufe 
of  the  fugar  iflarids,  that  one  lialf  of  the  immenfc  com- 
merce of  Great- Brittin  is  with  her  colonies.  It  is  very 
certain  that  without  tiic  fifhcry  feven  eights  of  this  com- 
merce would  ccafe.  The  fifhery  is  the  center  of  motion, 
upon  which  the  wheel  of  all  the  Britifh  commerce  in 
America  turns.  Wiihout  the  American  tratle,  would  Bri- 
tain, as  a  commercial  llatc,  make  any  gi(  at  figure  at  this 
day  in  Europe  ?  Her  trade  in  woolen  and  other  manufac- 
tures, is  laid  to  be  lefTcning  in  all  parts  of  the  world,  but 
America,  where  it  is  increafuig,  and  capable  of  infinirc  in- 
crcafe,  from  a  concurrence  of  every  eircumdance  in  its 
favour.  Here  is  an  extenfive  territory  of  different  climates, 
which  in  time  will  confume,  and  be  able  to  pay  for  as 
many  manufactures  as  Great-Britain  and  Ireland  can  mak  >, 
if  true  maxims  arc  periucd.  The  Frer.eh  for  rcafons  aU 
ready  mentioned,  can  uiidersvork,  and  oonfocpicntly  under- 
fell  the  Englilh  manuht<^urcs  ot  Great-Britain  in  every 
market  in  Europe.  Bur  they  ca.i  fend  none  of  their  ma- 
nufailures  here ;  and  it  is  the  wiih  of  every  honeff  Britifh 
American  that  they  never  may  ;  'I's  bcfl  they  never  fliould; 
we  can  do  berrer  wi'iiout  the  n'anuf:)(^ures  of  Europe, 
five  thofeof  Grcat-Brirain.  than  with  them  :  But  without 
the  French  Wefl- India  produce  we  cannot  ;  without  it  our 
fifhery  muft  infallibly  be  mined.  When  that  is  gone  our 
07,'n  illands  will  very  poorly  fubfift.  No  Britilh  manu- 
fafl  ires  can  be  paid  for  by  the  coloiiills.  V.'hat  will  fol- 
low ?  One  of  thefe  two  thing«,  both  of  which  it  is  the 
interell  of  Great-i.:itain  to  prevent,     (i.)  The  northern 

colonics 


a  fell  their  Weft- 
antlers  ,  and  yet 
rice  for  theirs,  as 
any  other  of  the 
'e,  and  wh^t  the 
ind  other  foreign 
t-Britain  for  her 
with  a  vatl  profit 
Ics  of  policy  to 
to  prohibit  it,  to 
he  fifhcry.  It  is 
LTS  on  commerce, 
)  favour  the  caufe 
le  immenfc  com- 
nies.  It  is  very 
hts  of  this  com- 
enter  of  motion, 
fli  commerce  in 
raile,  would  Bri- 
\>t  figure  at  this 
(I  other  manufac- 
f  ihc  work!,  but 
sie  of  infinite  in- 
rcumdance  in  its 
Jiff'ercnt  chmates, 
e  to  pay  ior  as 
.reland  can  mak  J, 
h  for  rcalons  al- 
ifccjuently  iinder- 
Britain  in  every 
one  of  their  ma- 
*ry  honeft  Britifh 
ley  never  fliould; 
hires  of  Europe, 
;m  :  But  without 
:  ;  "A'ithout  it  our 
that  is  qone  our 
0  Britilh  manu- 
V/hat  will  foU 
r  which  it  is  the 
.)  The  northern 
colonics 


[     77    ] 

colonifh  mufl  be  content  to  go  naked,  and  turn  Savages. 
Or  (2,)  Become  nianufafturers  of  linncn  and  woolen,  to 
cloath  thcmfelvcs ;  which  if  they  cannot  carry  to  the  per- 
fcftion  of  Europe,  will  be  very  deffru^tivc  to  the  intcrefis 
of  Great-Britain.  The  computation  has  been  mat?e.  and 
that  within  bounds,  and  it  can  be  demonf^ratcd,  that  if 
Norih»Amcrica  is  only  driven  to  the  fatsl  neceffity  of 
manufafturing  a  fuit  of  the  moft  ordinary  linnen  or  wooU 
ien  for  each  inhabitant  annually,  which  may  be  (oon  done, 
when  nccefTity  the  mother  of  invention  fltall  operate, 
Great'i  ritain  &  Ireland  will  loofe  two  millions  per  annum, 
befides  a  diminution  of  the  revenue  to  nearly  the  fame 
amount.  This  may  appear  paradoxical,  but  a  few  years 
experience  of  the  execution  of  the  (itgar  a^,  will  fuffici- 
cntly  convince  the  parliament  not  only  of  the  inutility,  but 
dcftruftive  tendency  of  it,  while  calculations  may  l>e  little 
attended  to.  That  the  trade  with  the  color  ics  has  been  of 
furprizing  advantage  to  Great-I?ritain,  notwithftanding  the 
want  of  a  good  regulation  is  pall  all  doubt.  Great-Britain 
is  well  known  to  have  increafed  protligioufly  both  in  num- 
bers and  in  wealth  fince  flic  began  to  colonize.  To  the 
growth  of  the  plantations  Britain  is  in  a  great  meafure  in- 
litbtcd  for  her  prefent  riches  and  ftrength.  As  the  wild 
wallcs  of  America  have  been  turned  into  pleafant  habita- 
tions, and  fiouridiing  trading  towns ;  fo  many  of  the  little 
villages  and  obicure  boroughs  in  Great-Britain  have  j^t  on 
a  new  face,  and  fuddenly  ftarted  up,  and  become  fair 
markets,  and  manufacturing  towns,  and  opulent  cities. 
London  itfclf,  which  bids  fair  to  be  the  metropolis  of  the 
world,  is  five  times  more  populous  then  it  was  in  the  days 
of  Queen  Elizabeth.  Such  are  the  fruits  of  the  fpirir  of 
commerce  and  liberty.  Hence  it  is  manifeft  how  much 
We  all  owe  to  that  beautiful  form  of  civil  government, 
ynder  which  we  have  the  happincfs  to  live. 

It  is  evidently  the  interelt,  and  ought  to  be  the  care 
of  all  thofe  introlted  with  the  sdminiftration  of  government, 
to  fee  that  every  part  of  the  Britifli  empire  enjoys  to  the 
full  chc  rights  rhey  are  intitled  to  by  the  laws,  and  the 
advantages  which  refult  from  their  being  maintained  witii 
imparfiality  and  vigour.  This  we  have  feen  reduced  to 
piaiHce  in  the  preient  and  prececding  reigns ;  and  have  the 

highcft 


[     78    ] 

hiahcft  rcafon  from  the  paternal  c»fC  and  foodncfs  that 
hi»  Maielly.  and  the  BritiOi  Parliamnu.  have  hitherto  been 
c  acioifly  Pleafed  to  d.ltovcr  to  all  his  Majcdy's  dut.fu 
and  loyal  a»bjcft».  and  to  the  colonifts  in  particular    to  relt 
latisficd  that  oar  priviledges  will  remain  facred  and  mvio- 
late     The  conncaion  between  Grcal-Bntam  and  her  co- 
Ionics  is  fo  natural  and  ftrong,  as  to  -mkc  tl^cir  mutual 
happinefs  depend  upn  their  mutual   fupport.     Nothing 
can  tend  more  to  the  deftruaion  oi  both,  and  to  forward 
the  mcafures  of  their  enemies,   than  lowing  the   feeds  ot 
jciloufly,   animofity  and  dilFcntion  between    the    mother 
country  and  the  colonies.  r  .    r      • 

A  conviaion  of  the  truth  and  importance  of  thcte  prm- 
ciplcs.  induced  Great-Britain  during  the  late  war  to  carry 
on  fo  many  glori«^us  cnterprizes  for  the  defence  of  the  co- 
Ionics  ■  and  thofb  on  their  part  to  exert  themfclvcs  beyond 
their  ability  to  pay,  as  is  evident  from  the  parliamentary 
rcimburfemcnts. 

If  the  fpirit   of  commerce    was  attended  to.  iierhari. 
autics  would  be  every  where  dccreafed.  i^   not  annihi- 
lated,   and    prohibitions     multiplied.     Every  branch    ot 
trade  that  hurts  a  community,  fliould  be  prohibited   tor 
the  fame  rcafon  that  a  private  gentleman  would  break 
.,ir   commerce   with  a    fliarper  or    an  cxtorfive    ulurcr. 
»Tis  to  no  purpofe  to  higgle  with  fuch  people,  you  are 
.  Aire  to  loofe  by  them,     'lis  cxaaiy  fo  with  J.  "a"^"'  '^ 
the  balance  is  againft  them,  and  they  can  polFibly  lubiiit 
without  the  cotnmodity .  as  they  generally  can  in  (uch  cales, 
a  prohibition  is  the  only  remedy  ;  for  a  duty  m  fuch  cale, 
is  Tike  a  compofuion  with  a  thief,  that  fur  fiye  fluUings  m 
the  pound  returned,  he  Ihall  rob  you  at  pleafure;  when 
f  the  thing  is  examined  to  the  bottom,  you  are  at  tiv» 
IhiUings  expence  in  travelling  to  get  back  your  five  Ihil- 
lings,  and  he  is  at  the  fame  expence  in  coming  to  pay  it, 
fo  he  robs  you   of  but  ten  fhillings  in    the  pound,  that 
vou  thus  wifely  co.iipound  for.     To  apply  this  to  trade. 
I  believe  every  duty  that  was  ever  impoled  on  comnicrce, 
or  in  the  nature  of  things  can  be,  will  be  found  to  be  di- 
vided between  the  ftate  impofing  the  duty,  and  the  coun- 
try exported  from.     This  if  between  the  fevcral  parts  ot 
the  fame  kingdom  or  dominions  of  the  fame  Prmce,  can 
*  only 


;  and  poodncfs  that 
,  have  hitherto  been 
his  Majcdy's  dutiful 
1  in  particular,  to  red 
ain  facred  and  invio- 
-Britain  and  her  co- 
}  make  their  mutual 
1  fupport.  Nothing 
both,  and  to  forward 
fowinfT  the  feeds  of 
•etwcen    the    mother 

lortance  of  thcfe  prin- 
he  late  war,  to  carry 
e  defence  of  the  co- 
in themfclves  beyond 
om  the  parliamentary 

attended  to,  |Tcrhars, 
reafed,  if  not  annini- 
j.  Every  branch  of 
uld  be  prohibited  for 
ntleman  would  break 

an  extorfive    ufurcr. 

fuch  people,  you  are 
y  fo  with  a  nation,  \i 
icy  can  poflibly  fubfift 
:raily  can  in  fuch  cales, 
or  a  duty  in  fuch  cafe, 
hat  for  five  fliillings  in 
^ou  at  pleafure;  when 
ittom,  you  are  at  fiv» 
et  back  your  five  fhil- 
ce  in  coming  to  pay  it, 
gs  in  the  pound,  that 
To  apply  this  to  trade, 

impofed  on  commerce, 

will  be  found  to  be  di- 

the  duty,  and  the  coun- 

vetn  the  fevcral  parts  of 

)f  the  fame  Prince,  can 

only 


[     79     1 

only  rend  to  f  mbarrafs  trade,  and  raife  the  price  of  labour 
above  other  Hates,  which  i»of  very  pernicious  confe<^uence 
to  the  husbandman,   manufaaurer.  mariner  and  merchant, 
the  four  tribes  that  fupport  the  whole  hive.     If  your  duty 
is  upon  a  commodity  of  a  foreign  flate.  it  is  cither  upoii 
the  whole  ufcful  and  gainful,   and  therefore  necclTary  for 
the  husbandmen,  manulafturer,   mariner  or  merchant,  at 
finally  bringing  a  profit  to  the  ftate  by  a  balance  in  her 
favour ;  or  the  imprtation  will  work  a  balance  agamft  your 
(late.     There  is  no  medium  that  we  know  ot.—It   :l.e 
commodity  is  of  the  former  kind,  it  fhould  be  prohibited  j 
but  if  the  latter,  imported  duty  free,   unlcfs  you  would 
raifc  the  price  of  labour  by  a  duty  on  necelTarics,  or  make 
the  above  wife  compofition  fur  the  importation  of  commo- 
dities you  are  fure  to  lole  by.     The  only  tcft  of  a  nfeful 
commcxlity  is  the  gain  upon    the  whole  to  the  Hate  ;  fuch 
jhould  be  free  ;  the  only  teft  of  a  i^ernicious  trade  is  the 
lofs  upon  the  whole,  or  to  the  community,  this  ftiould  be 
prohibited.     If  therefore  it  can  be  demonftrated  that  the 
fugar  and  molafTes  trade  from  the  northern  colonies  to  the 
foreign  plantations  is  upon  the  ■u^hole  a   lo(s  to  the  com" 
ntoiity,  by  which  term  is  here  meant  the  three  kingdoms 
and  the  Britifh  dominions  taken  collcftively,  then  and  not 
'till  then  fhould  this  trade  be  prohibited.     This  never  baa 
been  proved,  nor  can  be  ;  the  contrary  being  certain,   to 
wit,   that  the  nation  upon  the  whole  hath  been  a  vafUjiner 
by  this  trade,  in  the  vend  of  and  pay  for  its  manul|»es ; 
and  a  great  lofs  by  a  duty  upon  this  trade  will  finally  fall  on 
theBritilh  husbandman,  n-anufafturcr,  mariner  &  merchant, 
and   confecjuently  the  trade  of  the  nation  be  wounded, 
and  in  conltant  danger  of  being  eat  out  by  thofc  who  can 

underfell  her.  ^  r   v 

The  art  of  underfelling,  or  rather  of  findmg  means  to 
uivlcrfcll,  is  the  grand  fccret  of  thrift  among  commercial 
tlatcs,  as  well  as  among  individuals  of  the  fame  Itate. 
Should  the  Britilh  fugar  iflands  ever  be  able  to  fupply 
Great-Biitain  and  her  northern  colonies  with  thofe  articles, 
it  will  be  time  enough  to  think  of  a  total  prohibition  ;  but 
until  that  time,  both  prohibition  and  duty  will  be  found  to 
be  diametrically  oppofite  to  the  firft  principles  of  policy. 

JSucb 


[    8o    ] 

Such  is  the  extent  of  this  continent,  and  the  increafe  of  its 
inhabitants,  that  if  every  inch  of  the  Britifh  fugar  illands 
was  as  well  cuhivated  as  any  part  of  Jamaica,  or  Barbadoes, 
they  would  not  now  be  able  to  fiipply  Great-Britain,  and 
the  colonics  on  this  continent.  But  before  fuch  further 
improvements  can  be  fuppofed  to  take  place  in  our  iflands, 
the  demands  will  beproportionably  increafed  by  the  increafe 
of  the  inhabitants  on  the  continent.  Hence  the  reafon  is 
plain  why  the  Britifli  fugar  planters  are  growing  rich,  and 
ever  will,  becaufe  the  demand  for  their  produce  has  and 
ever  will  be  greater  than  they  can  poffibly  fupply,  lb  long 
as  the  Englifii  hold  this  continent,  and  are  unrivalled  in 
the  fifhcry. 

We  have  every  thing  good  and  great  to  hope  from  our 
gracious  Sovereign,  his  Miniftry  and  his  Parliament ;  and 
tru(t  that  when  the  fervices  and  fufferings  of  the  Britifli 
American  colonies  are  fully  known  to  the  mother  country, 
and  the  nature  and  importance  of  the  plantation  trade 
more  pcrfeftly  underftood  at  home,  that  the  moft  effeftual 
meafures  will  be  taken  for  perpetuating  the  Britifh  empire 
in  all  parts  of  the  world.  An  empire  built  upon  the  prin- 
ciples of  juftice,  moderation  and  equity,  the  only  principleg 
that  can  make  a  ftate  flourifliing,  and  enable  it  to  elude  the 
machinations  of  its  fecret  and  inveterate  enemies. 


By  ancient  and  modern  gods,  P.  lO,  I  mean,  all  idols,  from 
hofc  of  Old  Egypt,  to  the  canonized  monfters  of  modem 
ome  ;  «nd  by  king  craft  and  pricft-craft,  civil  and  ccclefiaftic  po- 
liy,  asadniinilticd  in  general  till  the  revolution.  I  aow  recolleA 
thai  1  hire  been  credibly  informed  that  the  Britifli  Sugar  colonifti 
a.2  humane  towards  their  (laves  in  co;:)parifon  with  the  othcr^  . 
Therefore  in  page  39:  let  it  be  read,  foreign  Sugar  iQiirtders  aod 
foreign  Creoles. 


F    I    N    I    S. 


Sflf'vs>^N!'''*'^*'^**'*«''VS»''^9l•^a''^  V'Wr'-*^*-**''<'-''*''**vs»''**' 


le  incrcafe  of  its 
itifh  fugar  iilands 
ca,  or  Barbadoes, 
ircat-Britain,  and 
"ore  fuch  further 
ICC  in  our  iflands, 
bd  by  the  increafe 
;nce  the  reafon  is 
growing  rich,  and 
produce  has  and 
1  fupply,  fb  long 
are  unrivalled  in 

3  hope  from  our 
Parliament ;  and 
;s  of  the  Britilh 
;  mother  country, 

plantation  trade 
the  moft  effeftual 
le  Britifh  empire 
lilt  upon  the  prin- 
he  only  principleg 
ble  it  to  elude  the 

enemies. 


Tiean,  all  idols,  from 
j  mondcrs  of  modcra 
vil  and  ccclefiaftic  po- 
tion. I  aow  reculicA 
Britifh  Sugar  coloniflt 
rifon  with  the  ochcr.  . 
n  Sugar  iQiinders  and 


^v^S/*^^/''^v^./^^f^^^S 


»-**''«''*«V*VS»f^*' 


,1 


J I 


«'  w 


m-1 


